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SCHOOL  LAW 


-AND   A- 


HISTORY  AND  DESCRIPTION 


-OF   THE- 


EDUCATIONAL  SYSTEM 


-OF 


MICHIGAN. 


By  HARVEY  TAPPAN,  L  L.  B. 

— 


m  ^^Y» 


"■--• 


HURON,  MIC 


PORT   HURON,   MICH. 

The  Sherman  Company',  Printers  and  Binders. 
1889. 


- 


syss 

COPYRIGHTED 

By  HARVEY  TAPPAN. 

1889. 


IsTOTE) 


During  several  years'  experience  in  the  school 
room  and  in  connection  with  my  work  as  a  member 
and  Secretary  of  the  Board  of  Examiners  for  this 
county,  I  have  frequently  found  myself  in  need  of  in- 
formation concerning  the  educational  system  of  the 
State,  and  have  often  been  called  upon  by  teachers, 
officers,  and  others  for  directions  concerning  their 
rights,  duties,  and  responsibilities  as  defined  by 
the  statutes  and  the  common  law  of  the  school. 

In  this  manner  was  accumulated  a  large  portion 
of  the  data  upon  which  this  work  is  founded.  The 
frequency  with  which  this  information  is  called  for 
and  the  fact  that  there  is  nothing  in  circulation 
containing  a  summary  of  these  matters  led  to  its 
production. 

In  securing  this  data  I  have  frequently  relied 
upon  various  reports,  works,  and  writings  of 
others,  and  hereby  tender  a  general  acknowledg- 
ment of  assistance  from  the  use  of  the  follow- 
ing:  Bancroft's  History  of  the  United  States; 
McMaster's  History  of  the  People  of  the  United 
States;  Sheldon's  Early  History  of  Michigan;  Judge 
Cooley's  History  of  Michigan;  Judge  Campbell's 
Outlines  of  the  Political  History  of  Michigan;  Silas 
Farmer's  History  of  Detroit   and   Michigan;    The 


4  NOTE. 

Address  of  President  J.  M.  B.  Sill  at  the  Semi- 
centennial of  the  Admission  of  Michigan  into  the 
Union;  The  Address  of  President  James  B.  Angell 
at  the  Semi-Centennial  of  the  University;  Harper 
Brothers'  Power  and  Authority  of  Teachers;  Bar- 
deen's  School  Law;  Burke's  Law  of  Public  Schools; 
Reports  of  the  Educational  Departments  of  the 
several  States  and  of  the  Nation;  as  well  as 
Supreme  Court  Reports  of  many  States. 

In  addition  to  this  I  gratefully  acknowledge  iny 
indebtedness  to  many  old  pioneers  for  much  infor- 
mation concerning  education  and  the  general  man- 
agement of  schools  during  the  Territorial  period. 

Far  from  considering  the  work  above  criticism, 
yet  trusting  that  it  contains  facts,  descriptions,  and 
discussions  that  will  be  of  value  to  such  as  may  use 
it,  this  work  on  our  educational  system  is  most 
respectfully  submitted. 

HARVEY  TAPPAN. 
Yale,  Mich  ,  1889. 


CONTENTS. 


:p_a.:r,t  i. 


HISTORY  AND  DESCRIPTION. 


CHAPTER   I.  page. 

Barly  History, 9 

Ordinance   of  '87, 11 

Territorial  Acts, 10 

CHAPTER  II. 

The  Primary  School  Fund, 15 

The  University  Fund, 15 

The  Agricultural  College  Fund, 15 

The  Normal  School  Fund, 16 

Sale  of  School  Lands, 17 

CHAPTER  III. 

Territorial  Schools, 19 

Boarding  Around, 22 

The  Settler's  Home, 23 

The  Rate  Bill, • 26 

Free  Schools, // ^ .    ..  y  .]§....  28 

Revision  of  the  Constitution, 29 

CHAPTER  IV. 

The  State  Normal  School, 31 

The  Agricultural  College, 33 

The  Michigan  Mining  School, 37 

The  University  of  Michigan, ,  38 

CHAPTER  V. 

The  State  Public   School  for    Dependent  Children,  .    .  44 

The  Reform  School  for  Boys, 47 

The  Industrial  Home  for  Girls, 50 

School  for  the  Deaf  and  Dumb, 52 

School  for  the  Blind, 53 

CHAPTER  VI. 

Denominational  and  Private  Schools  and  Colleges,  .    .  55 


CONTENTS. 


PABT   II. 


CONSTITUTIONAL 

AND 

STATUTORY  PROVISIONS. 


CHAPTER    I. 

PAGE. 

Constitutional  Provisions, 61 

The  Regents  of  the  University, 62 

The  State  Board  of  Education, 62 

CHAPTER  II. 

Formation  and  Alteration  of  Districts, 64 

Fractional  Districts, 64 

CHAPTER  III. 

Annual  and  Special  Meetings, 66 

Qualifications  of  Voters, 67 

Powers  of  Voters  at  District  Meetings, 67 

CHAPTER  IV. 

The  District  Board, 69 

Powers  of  the  Board, 71 

CHAPTER  V. 

The  Township  Board  of  School  Inspectors, 74 

CHAPTER  VI. 

Township  and  District  Libraries, 76 


CONTENTS.  7 

CHAPTER  VII. 

PAGE. 

Qualified  Teachers, 78 

Examinations, 78 

Branches  Required, 79 

Certificates, 80 

Revocation  and  Suspension, 80 

Indorsing  Certificates, 81 

Normal  School  and  State  Certificates, 82 

Institute  Fees, 83 

Teachers'  Contracts, 84 

Holidays 85 

CHAPTER  VIII. 

Primary  School   Money, 87 

The  One-mill  Tax, 88 

The  Dog  Tax, 88 

District  School  Taxes, 88 

Forfeiture  of  School  Moneys, 89 

CHAPTER  IX. 

Free  Text-books, , 91 

CHAPTER   X. 

The  Board  of  Examiners, 94 

Secretary  of  the  Board, 95 


8  CONTENTS. 


PART  III. 


SUPREME  COURT  DECISIONS. 


PAGE. 

Rules  and  Regulations, 101 

Contracts, 103 

Janitor  Work, 107 

Detention  of  Pupils  after  School  Hours, 108 

Absence  on  Church  Holy  Days, 109 

Irregular  Attendance  and  Tardiness, 115 

Acts  of  Pupils  Committed  out  of  the  School  room  .    .    .  120 

Selection  of  Studies ,124 

The  Bible  in  the  School  room, 134 

Corporal    Punishment,  ..." 144 

Suspension  and  Expulsion, 150 

Length  of  Time  Suspension  may  be  Enforced,  ....  153 


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CHAPTER  I. 


COLONIAL  ORDINANCES 

AND 

NATIONAL  LEGISLATION. 


It  is  a  remarkable  but  historical  fact  that  the  lands 
which  are  the  basis  of  the  magnificent  educational 
funds  which  help  to  support  our  schools  and  col- 
leges, together  with  those  surrounding  them,  were 
at  one  time  a  serious  obstacle  to  the  formation  of 
the  States  into  a  national  government. 

Probably  no  one  thing  more  seriously  interfered 
with  the  formation  and  adoption  of  the  Consti- 
tution of  the  United  States  than  the  question  of 
occupation  and  control  of  the  territory  north  of  the 
Ohio  and  east  of  the  Mississippi. 

So  early  as  1776,  it  was  proposed  that  the  Con- 
gress of  the  Confederation  should  take  possession 
of  this  territory,  the  extent  and  boundaries  of  which 
were  then  unknown  and  much  of  which  had  not 
been  explored. 

The  proposed  Ordinance  gave  Congress  the  power 
to  fix  the  boundaries  of  the  colonies  "which  were 
said  to  extend  to  the  South  Sea." 


IO  EARLY    HISTORY. 


It  was  not  disputed  that  each  of  the  colonies  had 
control  of  the  public  domain  within  its  borders,  but 
at  that  time  there  was  no  occupation  of  territory  by 
the  colonies  as  a  nation;  and  the  people  were  un- 
willing to  be  controlled  by  a  centralized  power,  or 
to  grant  Congress  the  power  to  legislate  for  the 
independent  control  of  unoccupied  territory.  For 
these  reasons  the  proposed  measure  was  opposed 
by  delegates  present,  and  this  is  true  of  other 
measures  of  a  similar  character,  and  thus  these 
lands  became  a  serious  obstacle  to  the  formation  of 
the  national  government.  In  1784,  Thomas  Jeffer- 
son proposed  an  Ordinance  to  locate  and  dispose  of 
these  public  lands.  In  accordance  with  its  provi- 
sions the  territory  was  to  be  divided  into  townships 
ten  miles  square,  and  these  into  hundredths  one 
mile  square.  It  also  contained  many  remarkable 
provisions  which  were  to  secure  civil  rights  and 
religious  freedom  for  the  settlers  of  the  new  terri- 
tory. This  Ordinance  was  not  voted  upon,  but  it  had 
much  influence  upon  subsequent  legislation  per- 
taining to  the  religious  liberties  and  educational 
interests  of  the  people. 

In  1785,  Congress  passed  an  act  which  provided 
for  the  sale  of  lands  in  the  Northwest  Territory. 
This  act  reserved  "Section  16"  of  even' township 
that  should  thereafter  be  formed  in  that  vast  terri- 
tory for  the  support  of  public  schools. 

In  1787,  the  celebrated  Ordinance  was  passed, 
providing    for   the  government  of  the  territory  in 


EARLY    HISTORY.  II 

question.  The  lands  were  ceded  to  a  company, 
•composed  of  veterans  of  the  Revolution,  for  the 
purpose  of  colonization,  and  there  was  reserved  a 
lot  for  the  maintenance  of  public  schools  in  even- 
township;  another  lot  for  the  purposes  of  religion, 
and  four  complete  townships  "which  shall  be  of 
good  land  and  near  the  centre"  for  the  maintenance 
of  a  University. 

This  Ordinance  of  1787  embodied  the  best  por- 
tions of  its  predecessors,  and  has  well  been  termed 
by  President  Angell  "The  Great  Charter  of  freedom 
and  intelligence  for  this  region,"  for  it  not  only  se- 
cured the  blessings  of  universal  education,  but  it 
also  decreed  that  the  blighting  influence  of  slavery 
should  never  prevail  in  the  States  to  be  formed 
within  the  Territory. 

The  clause  which  provides  for  the  exclusion  of 
slavery  was  copied  from  Jefferson's  proposed  Ordi- 
nance; and  its  adoption  was  earnestly  advocated  by 
Richard  Henry  Lee,  William  Grayson  and  Rufus 
Xing. 

This  question  occasioned  much  debate  and  at  one 
time  it  was  defeated  by  a  single  vote,  but  when  the 
Ordinance  of  '87  was  passed  there  was  but  a  single 
vote  against  the  clause  excluding  it. 

Slavery-  had  a  depressing  influence  upon  the 
educational  interests  of  those  States  which  sup- 
ported it,  and  in  many  localities  universal  education 
was  unknown.  We  may  estimate  the  value  of  this 
clause    in   the    Ordinance  from    the   immeasurable 


12  EARLY    HISTORY 


benefits   that   have   been    derived    from    universal 
education  in  schools  that  are  free  to  all  classes. 

The  memorable  article  which  makes  the  establish- 
ment and  maintenance  of  common  schools  impera- 
tive and  permanent  for  all  time  to  come  reads  as. 
follows:  "Religion,  morality  and  knowledge,  being 
necessary  to  good  government  and  the  happiness  of 
mankind,  schools  and  the  means  of  education  shall 
forever  be  encouraged. ' ' 

The  Ordinance  contains  the  following  provisions- 
of  compact  which  are  perpetual  and  binding  upon 
all  the  States,  and  which  are  the  very  foundations, 
of  liberty,  civilization  and  education: 

i .  The  occupation  and  control  of  the  Territory 
by  the  Nation  and  not  by  separate  States. 

2.  Religious  freedom  for  all. 

3.  The  right  of  trial  by  jury. 

4.  The  immediate  exclusion  of  slavery  from  the 
Territory. 

5.  The  assignment  of  lands  for  the  maintenance 
of  public  schools  and  a  University  in  each  State 
formed  within  the  Territory. 

These  grand  provisions  were  either  advocated  or 
indorsed  by  Washington,  Thomas  Jefferson,  Rufus 
King,  Richard  Henry  Lee,  James  Monroe,  Edward 
Randolph,  William  Grayson,  and  other  worthy- 
patriots  who  devoted  their  lives  and  energies  to  the 
founding  of  a  nation  of  freemen  to  live  in  the  light 
of  morality  and  education. 

In  1804,  an  act  of  Congress  provided  for  the  sale 


KARXY    HISTORY.  1 3 


of  the  unoccupied  lands  in  what  was  then  known 
as  the  Territory  of  Indiana,  and  which  now  com- 
prises the  States  of  Michigan,  Indiana,  Illinois  and 
Wisconsin;  and  this  act  also  repeated  the  previous 
reservation  of  "Section  16,"  and  provided  that  the 
lands  should  be  used  solely  for  the  support  of  com- 
mon schools.  There  was  also  a  reservation  of  a 
township  in  each  of  the  divisions  for  a  seminary  of 
learning. 

In  1805,  the  Territory  of  Michigan  was  organized, 
and  the  act  by  which  it  was  created  again  saved  for 
the  people  the  school  lands  previously  reserved. 

In  1828,  the  Governor  and  Council  of  the  Terri- 
tory were  given  control  of  these  school  lands,  and 
provisions  were  then  made  whereby  they  were  to 
carry  out  the  intent  and  purposes  of  the  original 
grant. 

In  1836,  Michigan  was  admitted  into  the  Union,, 
and  one  of  the  terms  upon  which  it  was   admitted 
was  the  reservation  and  use  of  "Section    16"    for 
the  maintenance  of  common  schools. 


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CHAPTER  II. 


THE  TRUST  FUNDS. 


Upon  its  admission  into  the  Union  the  State 
assumed  the  management  of  the  lands  previously 
granted  by  Congress.  In  accordance  with  Con- 
stitutional provisions  and  acts  of  the  Legislature 
these  lands  were  sold  and  the  State  has  become 
trustee  for  the  funds  thus  obtained. 

The  acts  which  created  these  funds  provide  that 
the  State  shall  pay  a  fixed  rate  of  interest  annually 
upon  the  amount  credited  to  each  fund.  There  are 
five  such  funds,  as  follows: 

i.  The  Primary  School  Fund,  derived  from  the 
sale  of  "Section  16." 

2.  The  Primary  School  Fund,  derived  from  the 
sale  of  swamp  lands  ceded  by  the  State. 

3.  The  University  Fund,  derived  from  the  sale 
of  lands  granted  by  the  National  and  State  Govern- 
ments. 

4.  The  Agricultural  College  Fund,  derived  from 
the  sale  of  lands  appropriated  by  the  General 
Government. 

5.  The  Normal  School  Fund,  derived  from  the 
sale  of  "SaltjSpring  Lands' '  ceded  by|the  State. 


THE    TRUST    FUNDS.  1 5 

THE  PRIMARY  SCHOOL   FUND. 

The  fund  derived  from  the  sale  of  "Section  16" 
of  each  township  draws  seven  per  cent,  per  annum, 
and  that  which  comes  from  one-half  of  the  cash 
proceeds  of  the  sale  of  Swamp  Lands  draws  five  per 
per  cent,  per  annum. 

In  addition  to  the  amount  received  from  these 
sources,  a  large  amount  of  money  is  received  from 
the  payment  of  specific  taxes  to  the  State  by  rail- 
way, street  car  and  insurance  companies,  and  other 
corporations.  The  amount  received  from  all  these 
sources  is  known  as  the  Primary  School  Interest 
Fund,  and  this  is  used  solely  for  the  support  of 
common  schools  in  townships,   villages  and  cities. 

THE    UNIVERSITY  FUND. 

The  basis  of  this  fund  is  the  land  ceded  by  the 
Indians  in  1817,  together  with  an  additional  grant 
by  the  General  Government,  in  1826,  two  town- 
ships and  three  sections  in  all.  These  lands  have 
been  sold  at  an  average  price  of  about  twelve 
dollars  per  acre,  and  the  proceeds  from  these  sales 
constitute  the  University  Fund,  upon  which  the 
State,  in  accordance  with  an  act  of  the  Legislature, 
pays  interest  at  seven  per  cent,  per  annum,  and 
this  amount  is  expended  to  help  support  the 
University. 

THE  AGRICULTURAL   COLLEGE   FUND. 

The  lands  which  support  this  fund  were  granted 
by  the  General  Government  and  also  by  the  State. 


1 6  THE    TRUST   FUNDS. 

These  lands  are  sold  by  the  State  and  the  proceeds 
from  sneh  sale  draw  seven  per  cent,  per  annum, 
payable  by  the  State,  and  the  amount  thus  obtained 
is  used  for  the  support  of  the  Agricultural   College. 

THE    NOIiMAL   SCHOOL   FUND. 

This  fund  is  composed  of  the  proceeds  from  the 
sale  of  "Salt  Spring  Lands.'  There  were  twenty- 
five  sections  of  these  lands,  granted  by  the  State, 
and  the  proceeds  from  the  sale  of  these  are  appro- 
priated to  the  support  of  the  State  Normal  School. 
The  fund  draws  six  per  cent,  per  annum,  payable 
by  the  State. 

These  funds  are  all  perpetual  and  the  amounts 
derived  from  them  are  increasing.  While  the  State 
is  primarity  liable  for  the  payment  of  the  amounts 
of  interest  mentioned,  there  is  at  present  no  direct 
tax  for  their  payment;  as,  in  accordance  with  an 
act  of  the  Legislature,  the  specific  taxes  paid  by 
railroad  companies  and  other  corporations  are  used 
for  that  purpose.  The  amount  thus  obtained  from 
these  corporations  is  not  only  sufficient  to  pay  the 
interest  upon  all  of  the  Trust  Funds,  but,  in  addition 
to  this,  there  is  also  a  large  surplus  annually  from 
this  source  and  this  amount  is  added  to  the  princi- 
pal of  the  funds.  By  this  means  the  fund  is 
annually  increased  and  the  income  therefrom  be- 
comes greater. 


THE   TRUST   FUNDS.  17 

SALE   OF  SCHOOL  LANDS. 

The  Legislature  has  made  provision  for  the 
sale  of  all  lands  set  apart  by  the  General  Govern- 
ment or  by  the  State  for  educational  purposes.  The 
location  and  disposal  of  these  lands  are  in  charge 
of  the  Commissioner  of  the  State  Land  office.  In 
some  cases  the  land  is  sold  and  the  price  thereof 
is  paid  at  the  time  the  title  is  transferred.  In  other 
instances  but  a  portion  of  the  consideration  is  paid 
and  a  Certificate  for  School  Land,  which  is  in 
effect  a  contract  for  the  purchase  of  land,  is  given 
and  the  purchaser  may  either  pay  the  interest  upon 
the  unpaid  amount  or  may  pay  the  principal;  in 
which  case  he  will  receive  a  deed  from  the  State. 

Although  Michigan  has  made  much  better  use  of 
the  school  lands  set  apart  for  her  use  than  some  of 
the  States  carved  out  of  the  Northwest  Territory, 
still  it  is  to  be  regretted  that  these  lands  have  been 
the  subject  of  much  unwise  legislation  that  has 
been  very  detrimental  to  our  educational  interests. 

The  price  of  the  University  lands  was  originally 
fixed  at  twenty  dollars  per  acre,  and  that  of  the 
primary  school  lands  at  not  less  than  eight  dollars 
per  acre.  Because  of  the  financial  difficulties  in 
1837,  many  of  those  who  had  contracted  for  these 
lands,  and  had  in  many  instances  improved  them, 
were  forced  tojsurrender  them  to  the  State.  As  a 
result  the  price  of  school  lands  was  several  times 
reduced   by   the  Legislature.      In  many  instances 


1 8  THE   TRUST   FUNDS. 

these  reductions  were  uncalled  for;  in  others  the 
reduction  was  greater  than  justice  demanded.  The 
direct  result  was  the  immediate  loss  of  more  than 
one-half  of  the  various  funds. 


CHAPTER   III. 


THE  COMMON  SCHOOL  SYSTEM 


TERRITORIAL    SCHOOLS. 

Little  can  be  ascertained  concerning  the  early 
Territorial  schools  except  from  the  requirements  of 
the  various  acts  that  established  them.  The  man- 
ner of  conducting  them  and  what  the  facilities  for 
school  work  were  can  only  be  ascertained  from 
pioneers.  A  few  of  these  venerable  men  and  women 
who  devoted  the  best  portion  of  their  lives  to  the 
work  of  founding  the  State  and  preparing  it  for  the 
enjoyment  of  the  present  and  future  generations  are 
still  with  us;  and  from  them  we  learn  how  they 
contended  with  disadvantages  that  would  have 
discouraged  a  less  noble  and  energetic  people. 

President  J.  M.  B.  Sill,  of  the  State  Normal 
School,  gives  the  following  extract  from  a  paper 
by  Miss  Lucy  P.  Salmon,  entitled  Education  Dur- 
ing the  Territorial  Period.  Professor  Sill  makes 
use  of  the  extract  in  his  exhaustive  paper  on  The 
Common  and  State  Normal  Schools,  given  at  the 
Michigan  Semi-Centennial,  in  1 886.  It  throws  much 
light  upon  the  subject  under  consideration  and 
is  as  follows: 

' '  As  the  population  gradually  extended  beyond 


20  TERRITORIAL   SCHOOLS. 

Detroit,  schools  were  started;  but  of  their  primitive 
character  at  this,  as  well  as  at  a  much  later  period 
we  haye  abundant  evidence  in  the  reminiscences 
given  us  by  the  pioneers  of  the  State.  The  school- 
house  was  of  logs,  and  there  were  no  complaints  of 
lack  of  ventilation.  Oiled  paper  generally  answered 
the  purpose  of  window  glass.  The  doors  were  hung 
on  wooden  hinges,  while  one  side  of  the  room  was 
given  up  to  the  fire-place.  Slabs  furnished  with 
legs  were  in  general  use,  answering  the  double  pur- 
pose of  seats  in-doors,  and  of  sleds  out-of-doors; 
while  desks  were  formed  by  placing  planks  upon 
pins  driven  into  the  sides  of  the  room.  The  mod- 
ern appliances  for  teaching  were  unknown.  Even 
in  the  aristocratic  centre  of  Detroit,  John  Monteith 
used  for  his  blackboard  a  shallow  box  of  sand. 

"The  branches  taught  were  reading,  writing,  spell- 
ing and  arithmetic,  and  sometimes,  but  not  often, 
geography  and  grammar.  Reading  and  spelling 
were  made  specialties,  and  the  average  pupil  grad- 
uated from  arithmetic  as  soon  as  he  reached  vulgar 
fractions. 

"Each  child  provided  whatever  text  book  was 
convenient,  and  even  in  Detroit  it  was  not  un- 
usual to  find  in  the  same  class  half  a  dozen  different 
readers  and  as  many  arithmetics. 

'  'The  inducements  held  out  to  enter  the  profession 
(of  teaching)  were  the  privilege  of  boarding  around, 
and  four  or  five  dollars  per  month,  though  in  some 
districts  the  extravagant  price  of  fourteen  dollars 


TERRITORIAL  SCHOOLS.  21 

per  month  was  sometimes  paid  during  the  winter 
term.  Occasionally  pay  was  taken  in  farm  produce 
or  in  labor,  nearly  all  the  schools  being  supported 
by  voluntary  contributions. 

"The  teacher,  on  his  part,  was  'to  keep  the  school' 
six  days  in  the  week  from  six  to  eight  hours  per 
day." 

The  above  description  of  the  schools  of  this  period 
is  substantiated  by  Judge  Cooley  in  his  History  of 
Michigan,  and  it  is  undoubtedly  accurate  in  every 
particular. 

Since  the  teacher  is  but  a  production  of  the  school, 
it  is  certain  that  the  instructors  of  that  day  were 
incompetent  to  impart  much  information.  The 
prime  requisite  was  to  "keep  order"  and  it  was 
generally  maintained  that  this  must  be  accomplished 
by  a  liberal  application  of  "blue-beech,"  while  in 
some  instances  the  teacher's  hobby  was  to  "keep  a 
school  so  still  that  you  could  hear  a  pin  drop," 
probably  never  realizing  that  he  was  crushing  the 
very  life  out  of  the  work  before  him. 

In  other  cases  the  sturdy  boys  whose  every-day 
life  was  such  as  to  develop  a  wonderful  amount 
of  brawn,  refused  to  be  placed  under  such  rigid 
discipline,  and  in  some  neighborhoods  the  teacher 
who  could  finish  a  winter  term  without  being 
"whipped"  or  thrown  out  of  doors,  was  lucky  in- 
deed. But  such  cases  were  exceptional,  and  the 
teacher  was  usually  well  used  and  regarded  as  one 
of  the  most  useful  members  of  society. 


22  TERRITORIAL  SCHOOLS. 

The  paper  in  use  was  usually  unruled,  and  each 
pupil  was  expected  to  whittle  out  a  rule,  and  from 
a  leaden  bullet  (which  could  be  found  in  every 
home)  to  pound  and  whittle  out  a  pencil.  With 
these  the  paper  was  ruled  for  those  who  wrote. 
The  copies  were  always  set  by  the  teacher  and 
usually  consisted  of  the  sayings  of  "Poor  Rich- 
ard," a  line  from  one  of  Watt's  hymns  or  a  quotation 
from  the  Bible.  Steel  pens  were  unknown  in  the 
school-room,  and  it  was  part  of  the  teacher's  work 
to  manufacture  pens  for  the  use  of  his  pupils  from 
the  quills  of  geese  or  wild  fowls.  From  the  use  of 
the  small  knife  for  this  purpose  we  have  our  pres- 
ent "pen-knife."  The  ink  used  was  made  at  home, 
usually  from  the  bark  of  the  soft  maple  or  witch- 
hazel,  or  from  the  red  fruit  of  the  sumach. 

The  Saturday  holiday  was  unthought  '  of  and 
school  continued  during  the  six  working  days  of 
the  week,  and  usually  from  eight  o'clock  in  the 
morning  till  five  o'clock  in  the  afternoon  during  the 
summer  term.  At  a  later  date  the  school  week 
was  shortened  by  giving  a  half  holiday  every  second 
Saturday,  and  soon  after  a  half  holiday  each  Satur- 
day. This  was  sometimes  varied  by  teaching  each 
alternate  Saturday. 

BOARDING    AROUND. 

During  this  period  the  practice  of  boarding  around 
was  in  vogue.  From  the  number  of  weeks  that 
school  was  to  be  taught  and  the  number  of  chil- 
dren in  attendance  the  teacher  made  a  schedule  of 


TERRITORIAL   SCHOOLS.  23 

the  number  of  days  he  was  to  board  with  each 
family.  Since  the  time  he  remained  in  a  family 
depended  upon  the  number  of  school  children  it 
contained,  he  sometimes  found  his  companions 
more  numerous  than  entertaining.  ■ 

In  the  early  part  of  the  Territorial  regime,  the 
teacher's  fare  usually  consisted  of  hominy  or  mush 
and  milk,  corn  bread  or  buckwheat  cakes  with 
maple  syrup  or  wild  honey;  together  with  wild 
fruits,  including  strawberries,  blackberries,  rasp- 
berries, wild  grapes  and  plums.  These  were  eaten 
fresh  from  the  woods  in  summer,  and  either  dried, 
or  preserved  in  syrup,  in  the  winter.  In  addition  to 
this,  all  kinds  of  game  was  provided,  including 
bear's  meat  and  venison.  But  whether  the  fare 
was  bounteous  or  otherwise,  the  teacher  was  re- 
ceived at  the  settler's  home  with  generous  hospi- 
tality and  given  the  very  best  the  house   afforded. 

When  the  teacher  reached  his  boarding  place  he 
found  a  very  different  state  of  affairs  from  that 
which  now  exists  at  those  homes  which  have  since 
become  models  of  convenience  and  of  modern  farm 
industry.  He  usually  found  a  house  or  shanty 
constructed  from  logs,  generally  hewn  on  the  in- 
side, and  plastered  between  the  chinks.  Some- 
times the  plaster  was  made  of  clay  intermixed 
with  straw  to  hold  it  together.  The  chimne}r  was 
built  up  from  the  ground  on  the  outside  and  at  the 
end  of  the  building,  and  was  constructed  of  split 
oaken    strips  laid  upon  each  other  with  the  clay 


24  TERRITORIAL   SCHOOLS. 

mortar  between.  This  was  the  outlet  of  a  large 
open  fire-place  which  furnished  heat  and  light  dur- 
ing the  long  winter  evenings.  This  fire-place  was 
supplied  with  "andirons"  for  holding  the  huge 
back-log  in  position,  and  a  crane  from  which 
kettles  were  suspended;  while  the  weekly  baking 
was  done  in  an  open  tin  or  sheet-iron  bake-oven 
which  was  set  before  a  bed  of  coals  in  the  fire-place; 
or,  in  a  shallow  iron  bake-kettle. 

The  chairs  were  usually  made  by  the  grand- 
fathers of  the  community,  and  were  constructed 
from  uprights  and  rungs  shaved  out  of  oak  or 
hickory  with  a  "draw-shave"  and  bottomed  with 
interwoven  strips  of  bass-wood  or  elm  bark.  The 
old-fashioned  arm-chair  thus  constructed  was  far 
more  comfortable  than  many  of  modern  pattern. 

Suspended  upon  strings  fastened  to  wooden  hooks 
in  the  ceiling  were  slices  or  rings  of  pumpkins  dry- 
ing for  winter  use,  or  perhaps  pieces  of  jerked 
venison  or  bear's  meat. 

The  teacher  usually  spent  his  evenings  at  this 
home  in  assisting  the  children  at  their  studies. 
The  light  used  for  this  purpose  was  either  that  from 
the  fire-place  or  from  a  "dipped"  tallow  candle,  or 
perhaps,  if  the  host  could  afford  it,  from  a  lamp 
which  burned  fish  or  whale  oil,  for  the  existence  of 
kerosene  was  not  generally  known.  The  "dipped" 
candle  was  made  by  dipping  candle  wick  into  hot 
tallow  and  allowing  it  to  cool,  and  repeating  the 
process  until  the  candle  was  of  sufficient  size. 


TERRITORIAL   SCHOOLS.  25 

Glass  lamp  chimneys  were  not  in  common  use 
and  the  light  of  the  lamp  was  regulated  by  the 
"snuffer,"  and  by  raising  the  wiek  in  the  tube  by 
means  of  a  pin  or  other  pointed  instrument. 

The  teacher's  clothing,  as  well  as  that  of  the  school 
children,  was  usually  made  from  home-spun  or 
linsey-woolsey,  and  was  grown,  carded,  spun,  woven, 
cut  and  made  at  the  farm,  and  this  by  hand,  for 
carding  mills  were  scarce  and  sewing  machines  un- 
known. 

Occasionally  the  evening  exercises  were  varied 
and  the  teacher  accompanied  the  family  to  a  pro- 
tracted meeting,  a  husking  bee,  or,  at  a  later  period 
when  orchards  appeared,  to  an  apple-paring  bee. 
The  journey  was  usually  made  in  the  "linch-pin" 
lumber  wagon,  or,  in  winter,  in  a  "jumper," 
a  long  sled,  drawn  by  oxen,  or,  if  the  settler  was  so 
fortunate  as  to  own  one,  a  span  of  horses,  and  it  was 
not  unusual  to  make  these  visits  at  points  from 
three  to  five  miles  distant. 

All  of  this  was  perfectly  in  keeping  with  the 
state  of  society  and  of  the  times  generally,  for 
many  of  the  modern  improvements  which  have 
added  comforts  and  luxuries  to  the  homes  of  to- 
day were  unknown;  for  the  farmer  then  turned  the 
furrow  with  a  wooden  beam  plow,  sowed  the  grain 
by  hand,  cut  his  grass  with  a  scythe,  raked  it  into 
windrows  with  a  home-made  hand  rake  and  harvest- 
ed his  grain  with  a  "turkey-wing' '  cradle.  The  grain 
was  threshed  with  a  flail,  or  by  spreading  it  upon 


26  TERRITORIAL   SCHOOLS. 

the  barn  floor  and  driving  horses  over  it.  There 
were  no  reapers,  no  mowers,  no  sulky  rakes,  no 
steam  threshers,  and  the  threshing  machine  that 
first  appeared  consisted  of  a  horse  power  and  a 
frame  for  holding  the  cylinder  from  which  the  straw 
was  raked  by  hand;  and  the  grain  was  afterwards 
cleaned  by  tossing  it  from  the  barn  floor  in  order 
that  the  wind  might  blow  away  the  chaff. 

We  must  not  conclude,  however,  that  the 
teacher,  patrons,  and  children  of  these  Territorial 
days  were  unhappy  or  felt  these  deprivations  to  any 
great  extent;  for  they  were  indeed  a  happy,  con- 
tented, and  hospitable  people,  and  from  the  needs 
of  each  sprang  up  a  mutual,  kind  and  neighborly 
feeling  for  all  that  is  seldom  found  in  older  settle- 
ments where  each  has  enough  to  make  him  inde- 
pendent of  others. 

THE   RATE   BILL. 

Previous  to  the  enforcement  of  acts  of  the  Legis- 
lature providing  for  free  schools,  the  amount  neces- 
sary to  meet  the  expenses  of  a  school  and  in  excess 
of  that  derived  from  the  primary  school  interest 
fund  was  raised  by  a  Rate  Bill.  This  was  a  per 
capita  tax,  paid  by  parents  and  guardians  of  child- 
ren who  attended  the  school,  each  patron  paying  a 
share  of  the  whole  sum  raised  proportionate  to  the 
number  of  children  he  sent  to  school. 

In  many  instances  those  who  were  least  able  to  pay 
were  called  upon  to  contribute  most  to  support  the 


TERRITORIAL   SCHOOLS.  27 

school,  notwithstanding  the  fact  that  provision  was 
made  for  free  schooling  for  the  children  of  indigent 
persons.  As  a  result  these  were  compelled  to  de- 
prive their  children  of  the  benefits  of  an  education. 
Payments  were  usually  made  at  a  given  rate  per 
week  for  each  pupil  in  attendance. 

Some  of  the  patrons  could  not  pay  and  others 
would  not.  When  the  children  of  these  were  with- 
drawn from  the  school  the  entire  expense  of  running 
it  had  to  be  met  by  the  remaining  few,  and  the 
amount  to  be  paid  by  each  was  often  so  great  that 
the  school  was  closed  long  before  the  teacher's 
contract  had  expired.  This  system  did  much  to 
retard  the  progress  of  education,  but  all  efforts  to 
secure  a  better  one  were  unavailing  until  the  Con- 
stitution of  1835  was  revised.  This  was  done  in 
1850,  and  provision  was  then  made  requiring  the 
Legislature  to  provide  for  a  free  school  system 
within  five  years  from  the  adoption  of  the  Consti- 
tution. 

Although  this  Constitutional  provision  required 
the  establishment  of  free  schools  in  1855,  this  was 
not  accomplished  until  1869,  a  delay  of  fourteen 
years. 

The  schools  of  the  Territorial  period  lacked 
nearly  all  necessary  appliances  and  suitable  appara- 
tus, but  notwithstanding  this  they  produced  a 
sturdy,  upright,  energetic  class  of  men  and  women 
whose  untiring  efforts  to  clear  awajr  the  forest  and 
establish  homes  for  themselves  and  families  were 


28  FREE   SCHOOLS. 


only  surpassed  by  their  earnest  desire  to  secure  a 
better  education  for  their  sons  and  daughters;  and 
to  them  we  are  largely  indebted  for  free  schools  and 
the  many  excellent  educational  institutions  for 
which  the  State  is  celebrated. 

FREE    SCHOOLS. 

The  State  Constitutional  Convention  of  1835  re- 
quired the  Legislature  to  provide  a  school  system 
whereby  school  should  be  kept  in  each  district  at 
least  three  months  in  each  year,  and  it  also  pro- 
vided for  the  appointment  of  a  Superintendent  of 
Public  Instruction.  Governor  Mason,  immediately 
after  assuming  the  duties  of  his  office,  appointed  the 
Rev.  John  D.  Pierce,  a  young  missionary  who  had 
given  the  educational  needs  of  the  State  much 
attention,  and  who  was  eminently  well  qualified  for 
this  important  position.  The  work  of  preparing  a 
school  system  was  delegated  to  him,  and  many  of 
the  most  beneficial  provisions  of  our  present  school 
system  are  the  direct  result  of  the  labors  of  this 
noble  man,  who  has  rightly  been  named  "The 
Father  of  Our  School  System."  This  act  did  not 
provide  a  free  school  system,  but  it  gave  the  voters 
power  to  establish  free  schools  in  their  several 
districts. 

It  may  seem  strange  that  any  should  doubt  the 
wisdom  and  justice  of  establishing  schools  wherein 
the  poor  are  placed  on  a  common  level  with  the 
rich,  but  there  are  those  who  remember  that  some 
of  the  most  bitter  controversies  of  that  date  arose 


FREE   SCHOOLS.  29 


from  the  desire  to  establish  such  schools. 

The  opposition  came  mainly  from  those  who  had 
more  property  than  their  less  fortunate  neighbors 
and  who  objected  to  being  taxed  for  the  purpose  of 
educating  the  children  of  poor  parents  who  had  no 
property  subject  to  such  taxation;  and  also  from 
those  who  had  no  children  to  be  educated,  or  whose 
children  had  already  received  the  benefits  of  an 
education. 

These  narrow  views  prevailed  to  such  an  extent 
as  to  defeat  the  adoption  of  a  system  of  free  schools 
at  first.  Nevertheless,  Father  Pierce  continued  his 
efforts  to  remedy  these  evils  during  the  five  years 
of  his  administration.  He,  perhaps,  above  all  his 
associates,  recognized  the  fact  that  common  schools 
are  not  merely  the  base  of  the  educational  welfare 
of  the  people;  but  that,  by  means  of  their  becoming 
free  to  the  rich  and  poor  alike,  so  that  these  meet 
upon  a  common  plane  and  share  a  common  interest 
in  all  that  pertains  to  the  welfare  of  the  school,  all 
are  thus  trained  in  the  principles  of  equality,  free- 
dom and  republicanism. 

Certain  defects  in  the  constitution  of  1835  occa- 
sioned its  revision  in  1850,  and  by  this  admirable 
instrument  a  free  school  system  was  provided  for. 
It  was  not  to  go  into  immediate  effect,  but  required 
the  Legislature  to  provide  such  a  system  not  later 
than  1855.  As  has  been  shown  in  preceding 
pages  this  provision  did  not  go  into  effect  until  the 
3Tear  1869.     Since  that  time,  Michigan  has  enjoyed 


30  FREE   SCHOOLS. 


a  system  of  schools  that  are  free  to  all  who  desire 
to  be  benefitted  by  them,  and  the  humblest  boy  may 
receive  a  liberal  education,  become  a  useful  citizen, 
and  attain  the  most  honorable  positions  in  the  land. 

While  it  is  true  that  in  some  localities  these 
schools  are  not  what  they  should  be,  and  that  those 
who  have  charge  of  them  do  not  furnish  suitable 
buildings,  apparatus  and  appendages  necessary  to 
secure  good  results,  yet,  as  a  whole,  the  system  has 
been  productive  of  much  good. 

These  schools  do  not  merely  provide  for  primary 
training,  but  also  thorough  instruction  in  some 
of  the  higher  branches  of  literature  and  of  the 
sciences;  for  the  common  schools  are  not  composed 
merely  of  the  district  schools  of  the  country,  but 
include  also  the  primary,  graded,  and  high  schools 
of  the  villages  and  cities. 

Many  of  these  high  schools  have  so  advanced  the 
standard  of  their  work  that  courses,  parallel  with 
that  of  the  first  work  in  the  University,  have  been 
arranged,  and  graduates  from  these  courses  are  re- 
ceived at  the  University  without  further  examina- 
tion in  the  work  thus  completed.  This  plan  has 
had  an  elevating  influence  upon  the  common  schools 
whose  field  of  usefulness  is  thus  extended  and 
broadened  so  that  they  furnish  a  liberal  education 
for  the  sons  and  daughters  of  the  State  who  receive 
instruction  in  them,  and  who,  because  of  these 
advantages,  are  characterized  by  their  earnestness, 
energy,  and  intelligence  in  all  fields  of  useful  labor. 


CHAPTER   IV. 


HIGHER  INSTITUTIONS. 


THE   STATE   NORMAL   SCHOOL. 

It  was  originally  intended  that  the  eight  branches 
of  the  University  organized  by  Superintendent 
Pierce  should  not  only  prepare  students  for  more 
advanced  work  in  the  University,  but  that,  in  addi- 
tion to  this,  they  should  furnish  a  course  of  pro- 
fessional training  for  teachers  for  the  common 
schools.  These  branches  were  supported  from  the 
University  Fund,  and  because  of  their  growing 
necessities  became  a  menace  to  the  University 
itself;  so,  in  1849,  the  Board  of  Regents  abandoned 
them  as  branches  of  that  Institution,  and  the  pre- 
paratory work  was  thereafter  delegated  to  the 
excellent  high  schools  that  have  been  established 
throughout  the  State. 

When  these  training  schools  were  discontinued  it 
became  necessary  to  make  provision  for  the  train- 
ing of  teachers,  and,  in  consequence,  an  act  was 
passed  by  the  Legislature  of  1849  which  provided 
for  a  State  Normal  School,  to  be  placed  in  charge  of 
a  State  Board  of  Education. 


32  HIGHER    INSTITUTIONS. 


This  Board  is  composed  of  four  members,  three 
of  whom  are  elected  at  the  biennial  State  election 
for  a  term  of  six  y ears,  and  the  fourth  member  is 
the  Superintendent  of  Public  Instruction. 

The  School  is  located  at  Ypsilanti,  Washtenaw 
county.  In  order  of  precedence  this  Institution 
should  be  placed  next  after  the  common  schools, 
for  here  students  are  trained  in  the  art  of  teaching, 
and  they  carry  with  them  into  the  common  schools 
the  immeasurable  benefits  derived  from  this  in- 
struction and  thus  elevate  the  character  of  the  work 
performed  in  them. 

Students  are  given  thorough  instruction  in  the 
following  courses: 

A  Scientific  Course,  four  yeafs. 

A  Literary  Course,  four  years. 

An  English  Course,  three  years. 

An  Ancient  Classical  Course,  four  years. 

A  Modern  Classical  Course,  four  years. 

A  Latin  and  German  Course,  four  years. 

A  Scientific  Latin  Course,  four  years. 

A  Special  Course  with  Music,  three  years. 

In  addition  to  these  courses,  students  receive 
professional  training  in  a  School  of  Observation  and 
Practice,  or  Training  School.  This  consists  of  a 
graded  school  of  about  200  pupils,  divided  into 
eight  grades,  which  extend  from  the  primary  to  the 
high  school  department. 

The  instructors  in  this  school  are  the  members 
of  the  Normal  Senior  Class,   who  are  employed  at 


HIGHER   INSTITUTIONS.  33 

this  work  daily.  They  work  under  the  immediate 
supervision  of  the  Director  of  this  department,  and 
two  assistant  critic  teachers. 

In  this  manner  students  receive  professional  train- 
ing and  actual  practice  in  instructing  and  governing 
children. 

It  is  well  known  by  close  observers  that  the  work 
performed  by  this  Institution  qualifies  its  graduates 
for  positions  where  good  scholarship  is  required, 
and  that  the  thorough  training  and  true  professional 
spirit  secured  fit  them  for  effective  work  in  the 
educational  world. 

THE   AGRICULTURAL    COLLEGE. 

The  first  steps  to  establish  a  State  agricultural 
institution  were  taken  by  the  State  Agricultural 
Society.  This  society  adopted  measures  for  the 
purpose  of  securing  legislation  to  establish  an  agri- 
cultural office,  together  with  an  attendant  library 
and  a  museum.  This  was  to  be  followed  by  an 
agricultural  college  and  an  experimental  farm. 

A  memorial  presented  to  the  Legislature  in  1850 
requested  that  body  to  establish  an  institution  in 
which  instruction  should  be  given  in  '  'those  branches 
of  education  which  will  tend  to  render  agriculture 
not  only  useful,  but  a  learned  and  liberal  profession, 
and  its  cultivators  not  the  'bone  and  sinew'  merely, 
but  ornaments  of  society." 

The  Legislature  failed  to  make  necessary  provision 
for  such  an  institution,  but  the  discussion  created 


34  HIGHER    INSTITUTIONS. 

in  considering  the  matter  led  to  the  insertion  of  an 
article  in  the  Constitution  of  1850  which  provided 
that  as  soon  as  practicable  after  the  adoption  of  the 
Constitution  and  re-organization  of  the  State  govern- 
ment, a  College  should  be  established  by  the  legis- 
lature, in  which  instruction  in  the  art  of  husbandry 
and  in  the  sciences  relating  thereto  should  be  given. 

About  this  time  the  State  Board  of  Education 
made  provision  for  instruction  in  the  elements  of 
scientific  agriculture,  to  be  given  at  the  State  Nor- 
mal School,  and  the  Board  of  Regents  made  such 
instruction  a  part  of  the  scientific  course  at  the 
University',  and  each  of  these  Boards  was  active  in 
its  endeavors  to  make  the  proposed  "agricultural 
school"  an  annex  to  the  Institution  which  it 
governed. 

This  action  and  the  discussion  which  followed,  to- 
gether with  active  efforts  on  the  part  of  the 
Agricultural  Society,  led  to  an  act  by  the  Legisla- 
ture of  1855  which  established  the  College  and  pro- 
vided that  it  should  be  located  within  ten  miles  of 
Lansing. 

In  accordance  with  this  provision  the  present 
site,  which  is  located  about  three  miles  east  of  the 
city,  was  selected,  and  here  in  the  wilderness  the 
new  institution  was  dedicated  in  1857. 

At    the    time    the    College  was   established   the 
Legislature  appropriated  certain  '  'salt  spring  lands, ' 
from  the  proceeds  of  which  a  farm  was  purchased. 

In  1862,  the  General  Government  gave  to  the  State 


HIGHER    INSTITUTIONS.  35 

240,000  acres  of  the  public  lands  for  the  purpose  of 
establishing  a  permanent  endowment  fund  for  the 
Institution.  A  careful  selection  secured  valuable 
lands,  and  it  is  probable  that  these  are  productive 
of  more  benefit  to  the  College  than  have  been  any 
other  grants  to  State  Institutions. 

The  College  farm  consists  o£  676  acres  beautifully 
located  on  the  banks  of  the  Red  Cedar  River.  A 
part  of  this  farm  is  well  timbered,  another  portion 
consists  of  fine  woodland  pasture  and  the  remainder 
is  under  cultivation.  It  is  well  equipped  with  all 
kinds  of  modern  implements  and  farm  machinery. 
The  farm  buildings  are  spacious  and  contain  all  the 
modern  improvements  for  the  proper  care  of  stock 
and  produce. 

There  are  fine  orchards,  a  greenhouse,  an  apiary, 
vegetable  gardens,  fields  suitable  for  all  classes  of 
crops,  a  fine  selection  of  cattle  and  sheep  of  the  best 
breeds,  and  every  facility  necessary  to  conduct  a 
farm  upon  practical  and  scientific  principles. 

The  college  buildings  are  substantially  built  of 
brick  and  stone,  and  consist  of  a  Botanical,  a  Chemi- 
cal, a  Veterinary,  and  Mechanical  Laboratory, 
three  Main  Halls,  a  Library  and  Museum,  and 
dwellings  for  the  officers  of  the  Institution — about 
twenty  buildings  in  all. 

The  State  Board  of  Agriculture  has  general  charge 
of  the  College.  The  members  of  this  board  are  ap- 
pointed by  the  Governor.  The  immediate  manage- 
ment of  the  Institution  is  given  to  a  corps  of  efficient 


36  HIGHER    INSTITUTIONS. 

and  well-qualified  instructors.  The  regular  course 
of  instruction  covers  a  period  of  four  years,  but 
students  who  desire  to  pursue  special  studies  are 
received  for  a  shorter  term. 

The  college  year  is  divided  differently  from  that 
of  other  institutions.  There  are  three  terms;  the 
spring  term  and  the  summer  and  the  autumn  terms. 
This  arrangement  is  made  in  order  that  practical 
work  in  the  various  departments  of  agriculture  may 
be  performed  during  the  growing  season.  The 
long  vacation  .occurs  in  winter,  and  students  are 
thus  enabled  to  teach  winter  schools  and  by  this 
means  defray  a  considerable  portion  of  their  expenses. 

Students  are  required  to  do  a  certain  amount  of 
manual  labor.  This  consists  of  from  two  to  three 
hours  work  each  day,  Saturday  excepted,  on  the 
farm  or  in  the  garden,  and  they  receive  compensation 
in  accordance  with  their  ability  and  the  manner  of 
performing  their  work,  the  maximum  compensation 
being  eight  cents  per  hour.  Students  in  the 
mechanical  course  work  two  hours  per  day  but  re- 
ceive no  compensation,  for  the  labor  in  the  shops  is 
considered  educational  in  character. 

By  this  plan  the  students  obtain  a  practical  knowl- 
edge of  the  different  branches  of  farming  interests 
and  it  also  teaches  them  to  respect  labor. 

Thorough  instruction  is  given  in  all  the  branches 
of  English  literature  as  well  as  in  the  practical 
sciences  and  modern  languages.  This  instruction 
includes  surveying  and  civil  engineering,  mechanics 


HIGHER    INSTITUTIONS.  37 

as  applied  to  implements  and  building,  stock-rais- 
ing, veterinary, 'horticulture,  and  agriculture;  while 
the  courses  in  chemistry,  botany,  and  entomology 
are  especially  thorough. 

The  experiments  in  agricultural  and  analytical 
chemistry  conducted  for  the  benefit  of  the  students 
and  the  people  of  the  State  at  large  by  that  renowned 
Professor  of  Chemistry,  Dr.  R.  C.  Kedzie,  are  of 
great  practical  value  to  the  agricultural  interests  of 
the  State  and  Nation,  for  their  influence  is  felt  far 
beyond  the  walls  of  the  College. 

Being  a  pioneer  institution  of  its  class  (for  Michi- 
gan was  the  first  State  in  the  Union  to  establish  an 
Agricultural  College)  it  has  been  a  model  for  other 
States,  and  many  of  its  graduates  are  instructors 
and  managers  of  similar  institutions  in  those  States. 

It  is  highly  probable  that  there  is  no  institution 
in  the  country  that  better  fits  its  graduates  for  the 
active  duties  of  every-day  life;  and  the  people  of  the 
State  now  justly  recognize  the  College  as  being  an 
institution  of  great  practical  benefit  to  their  agri- 
cultural interests,  and  as  one  of  the  most  valuable 
features  of  the  educational  system  of  the  State. 

THE   MICHIGAN  MINING    SCHOOL. 

This  Institution  is  yet  in  its  infancy  but  its  suc- 
cess is  already  assured.  It  was  established  by  an 
act  of  the  Legislature  in  1885,  and  went  into 
operation  in  the  autumn  of  1886. 

It  is  located  at  Houghton,  Upper  Peninsula.     The 


38  HIGHER    INSTITUTIONS. 

mining  interests  of  the  State  have  heretofore  been 
dependent  upon  foreigners  and  operators  from  other 
States  for  skilled  workmen.  The  object  of  the 
Institution  is  to  train  citizens  of  this  State  in  the 
principles  and  practice  of  this  great  industry. 

The  course  of  instruction  embraces  Geology, 
Mineralogy,  Chemistry,  Mining  and  Mining  Engi- 
neering, and  other  branches  that  may  be  necessary 
to  secure  a  thorough  and  practical  knowledge  of  the 
work. 

Tuition  is  free  to  bona  fide  residents  of  the  State. 
The  courses  of  instruction  are  given  by  a  corps  of 
efficient  instructors  and  practical  miners.  Work  is 
conducted  at  laboratories,  in  the  workshops,  and 
in  the  mines,  where  all  branches  of  practical  work 
are  pursued. 

The  report  of  the  committee  sent  out  by  the 
Legislature  of  1889  shows  that  the  school  is  well 
managed,  and  must  become  a  valuable  aid  to  one 
of  the  most  important  industries  of  the  State. 

THE   UNIVERSITY. 

The  first  step  taken  toward  the  founding  of  the 
University  was  contained  in  the  Treaty  of  Fort 
Meigs,  in  18 17.  By  the  terms  of  this  treaty  the 
Ottawas,  Chippewas,  and  Pottowatomies  ceded  six 
sections  of  land  to  be  divided  between  the  Church 
of  St.  Anne,  at  Detroit,  and  the  College  of  Detroit. 
This  college  was  to  be  a  part  of  the  University  of 
Michigan,  the  charter  of  which  was  drafted  by  one 


HIGHER    INSTITUTIONS.  39 


of  the  Territorial  judges,  Mr.    Augustus  B.    Wood- 
ward, a  gentleman  of  scholarly  attainments. 

This  charter  was  very  broad  in  its  provisions  for 
liberal  education  and  had  a  beneficial  influence  upon 
all  subsequent  legislation  that  established  the 
University.  Its  provisions  for  the  support  of  the 
Institution  were  more  liberal  than  any  before  or 
since  proposed.  A  tax  of  fifteen  per  cent,  was  to  be 
levied  upon  all  taxable  property  in  the  Territory; 
and,  in  addition  to  this,  four  lotteries  were  to  be  es- 
tablished and  fifteen  per  cent,  of  the  net  proceeds 
thereof  were  also  to  be  used  to  support  the  Uni- 
versity. 

In  182 1,  the  act  drafted  by  Judge  Woodward  was 
revised,  but  the  Supreme  Court  of  the  State  has  de- 
cided that  this  act  continued  the  corporate  existence 
of  the  University. 

In  1826,  an  act  of  Congress  appropriated  lands,  to 
be  selected  by  the  trustees  of  the  University,  equal 
in  amount  to  twice  that  ceded  by  the  Indians  in 
181 7.  The  amount  thus  secured,  together  with  the 
original  grant,  amounted  to  two  townships  and 
three  sections. 

The  State  Constitution  of  1835  made  provision 
for  the  maintenance  of  the  University,  in  addition  to 
the  organization  of  a  common  school  system,  as  has 
been  shown  in  preceding  pages;  and  also  for  a 
library  for  each  township  and  for  agricultural  and 
scientific  education. 

This  Constitution  provided  for  the  appointment, 


40  HIGHER    INSTITUTIONS. 

by  the  Governor,  of  a  Superintendent  of  Public 
Instruction,  and  the  citizens  of  the  State  ma}'  well 
take  pride  in  the  fact  that  this  was  the  first  State  in 
the  Union  to  establish  this  important  office  and  thus 
secure  a  progressive  school  system. 

A  board  of  regents,   appointed  by  the  Governor, 
were  given  control  of  the  University. 

In  accordance 'with  plans  suggested  by  Superin- 
tendent Pierce  the  University  was  established,  and 
on  March  20th,  183%,  it  was  located  at  Ann  Arbor. 
Soon  after  organizing,  the  Board  of  Regents  es- 
tablished eight  branches  of  the  University,  or  pre- 
paratory schools.  These  were  located  in  various 
towns  of  the  State  and  served  as  preparatory  depart- 
ments of  the  University,  and  also  as  training  schools 
for  teachers  for  the  district  schools. 

These  branches,  or  schools,  created  a  deep  interest 
in  higher  education  throughout  the  State,  and  un- 
doubtedly we  owe  to  them  the  early  establishment 
of  the  excellent  high  schools  which  have  taken  up 
the  work  formerly  accomplished  in  them. 

Another  progressive  measure  was  the  admission 
of  women  to  every  Department  of  the  Institution. 
This  was  done  in  1870.  Boys  and  girls  grow  up 
together  at  home,  associate  with  each  other  in 
society,  live  together  in  after  life;  and  the  closing 
of  the  doors  of  an  institution  of  learning  against 
the  female  portion  of  a  community  or  State  is  an 
injustice.  There  was  much  predjudice  against  their 
admission  in  some  localities,  and  there  were  many 


HIGHER   INSTITUTIONS.  4 1 

prophesies  that  failure  must  follow;  but  it  has  been 
fully  demonstrated  that  the  co-education  of  the  sexes 
is  the  natural  plan;  that  it  is  productive  of  morality, 
progress  in  school  work,  and  of  true  manhood  and 
womanhood. 

Since  these  changes  the  University  has  become 
the  central  portion,  "the  crowning  glory  of  our 
educational  system, ' '  and  an  institution  that  inspires 
the  admiration  of  all  who  take  pride  in  the  dis- 
semination of  useful  knowledge  among  the  masses. 

Courses  of  instruction  are  given  in  the  various 
departments    as    follows: 

Collegiate  Courses — a  Classical  Course;  a  Scien- 
tific Course;  and  a  Latin  and  Scientific  Course. 

Technical  Courses — Civil  Engineering;  School  of 
Mines;  Architecture. 

Professional  Courses — Pharmacy;  Dental  School; 
Medical  School;  Law  School;  Homeopathic  Medi- 
cal School. 

The  University  buildings  and  Departments  are 
the  Main  Building,  or  University  Hall,  a  beautiful 
structure,  consisting  of  many  departments  for  the 
use  of  students  in  the  different  branches  of  litera- 
ture, arts  and  sciences;  and  a  fine  Auditorium, 
beautiful  in  its  proportions  and  one  of  the  largest 
in  America;  the  Law  Department;  the  Museum;  the 
University  Hospital;  the  Homeopathic  Hospital; 
the  Medical  Building;  the  Dental  College;  the 
Chemical  Laboratory;  the  Engineering  Laboratory; 
the  Astronomical  Observatory;  and  homes  for  the 


42  HIGHER    INSTITUTIONS. 

use  of  the  president  and  officers  of  the  Institution. 

These  spacious  buildings  are  located  in  the 
campus,  which  is  a  square  containing  forty  acres, 
traversed  by  beautiful  walks  through  groves  of 
trees  of  many  varieties.  The  country  surrounding 
the  plateau  upon  which  the  University  is  located  is 
undulating,  and  the  hills  are  covered  with  groves, 
the  vales  traversed  by  beautiful  brooks  of  sparkling 
spring  water.  These,  together  with  the  various 
Departments  and  attendant  improvements,  constitute 
one  of  the  most  beautiful  localities  in  the  State.    . 

The  same  spirit  of  liberality  and  republicanism 
which  characterizes  the  common  schools  of  the  State 
is  found  in  every  Department  of  the  University. 
There  are  no  privileges  for  the  rich  that  are  not  en- 
joyed by  the  poor;  and  the  students'  standing  in 
classes,  with  fellow  students,  and  with  the  faculty, 
depends  wholly  upon  their  reputation  for  true  man- 
hood or  womanhood  and  the  work  performed. 

The  University  is  primarily  an  institution  pro- 
vided by  the  people  of  Michigan  to  secure  the 
benefits  of  higher  education  for  their  own  children. 
To  these  the  State  gives  certain  advantages  in  the 
payment  of  fees,  which  are  merely  nominal  for  all; 
and  at  the  same  time  she  opens  the  doors  of  all  its 
Departments  to  the  sons  and  daughters  of  all  States, 
Territories  and  Nations. 

The  growth  of  the  Institution  has  been  rapid  and 
its '.future  prospects  are  bright.  It  has  been  a  model 
for   similar   institutions    in    other   States    and    the 


HIGHER   INSTITUTIONS.  43 

people  of  Michigan  may  j ustly  claim  with  pardon- 
able pride  that  ours  is  the  grandest  State  University 
in  the  Union,  when  measured  by  the  extent  and 
practical  value  of  the  work  accomplished  within  its 
various  Departments. 


CHAPTER  V. 


CHARITABLE  AND  REFORM  SCHOOLS, 


STATE  PUBLIC  SCHOOL  FOR  DEPENDENT 

CHILDREN. 

This  school,  located  at  Coldwater,  has  attracted 
much  attention  throughout  this  country  and  in 
scientific  and  educational  circles  of  Europe.  It 
was  established  by  an  act  of  the  Legislature  in  1871 
and  was  ready  for  the  reception  of  children  in  1874. 
At  that  date  no  State  or  Government  had  assumed 
the  care,  control,  and  education  of  its  dependent 
children;  but  Michigan  assumed  the  position  that 
the  child  that  had  no  home,  no  one  to  care  for  him 
and  to  guide  in  paths  of  virtue,  sobriety  and  truth, 
should  become  a  ward  of  the  State;  that  the  State 
should  assume  the  parental  relation  and  furnish  the 
best  possible  substitute  for  home  and  parents. 

Until  the  date  last  mentioned  these  children  were 
either  neglected  at  large  or  were  partially  cared  for 
in  the  poor-houses  of  the  various  counties.  Under 
these  circumstances  they  were  brought  in  contact 
with  a  pauper  class,  and  in  many  instances  were 
found  in  low  resorts  where  crime  prevailed  and 
virtue  was  unknown. 


CHARITABLE   AND   REFORM    SCHOOLS.  45 

Cold,  hunger,  cruel  treatment,  and  neglect  are 
strong  incentives  to  drive  young  boys  into  acts  of 
crime  and  girls  into  a  life  of  shame.  Many  of  these 
had  never  heard  a  kind,  encouraging  word,  had  no 
opportunities  for  intellectual  improvement;  and,  as 
a  result,  they  grew  up  in  ignorance,  pauperism,  and 
vice,  and  this  because  of  conditions  and  circum- 
stances over  which  they  had  no  control. 

The  position  assumed  by  the  State  was  a  most 
humane  step  taken  for  the  care  and  protection  of  an 
unfortunate  class;  and,  notwithstanding  some  fore- 
bodings as  to  its  ultimate  usefulness,  it  has  already 
proved  a  grand  success  of  which  the  people  of  the 
State  may  well  feel  proud.  In  an  address  delivered 
before  the  Institute  of  France,  the  French  States- 
man, Drouyne  deLuhys,  said:  "Behold,  gentlemen, 
the  State  of  Michigan,  only  about  forty  years  old, 
has  the  merit  of  being  in  advance  of  ancient  Europe 
in  the  inauguration  of  a  new  era  for  indigent  chil- 
dren.' The  States  of  Rhode  Island,  Minnesota, 
and  Wisconsin  have  adopted  the  '  'Michigan  Sys- 
tem,' and  have  established  institutions  modeled 
after  our  own. 

The  system  contemplates  the  care  and  education 
of  children  from  two  to  twelve  years  of  age  taken 
from  poor-houses  and  those  who  are  otherwise 
homeless  and  dependent.  The  conditions  of  ad- 
mission are  that  they  are  dependent  upon  the  public 
for  support  and  are  sound  in  body  and  mind.  Dis- 
eased,   feeble-minded,    and   criminal     children   are 


46  CHARITABLE   AND   REFORM    SCHOOLS. 

rigidly  excluded.  The  children  are  received  upon 
an  order  of  the  Judge  of  Probate  of  the  county 
where  they  reside,  and  this  order  is  accompanied 
by  a  physician's  certificate  to  the  effect  that  they 
have  no  chronic  or  contagious  disease,  and  have  not 
been  exposed  to  any,  within  a  period  of  fifteen  days. 

They  are  clothed,  fed,  and  trained  mentally, 
morally,  and  physically  while  the)''  are  inmates  of  the 
Institution.  Everything  possible  is  done  to  make 
the  Institution  a  real  home  and  a  school,  and  the 
family  plan  is  invariably  followed.  The  pupils  are 
divided  into  '  'families' '  of  about  thirty  each.  These 
occupy  separate  cottages  under  the  immediate 
charge  of  "cottage  managers"  who  are  cultured 
women,  carefully  selected  with  a  view  of  securing  a 
thorough  moral  and  mental  training  of  the  chil- 
dren placed  in  their  charge. 

While  here,  the  children  are  regularly  taught  in 
common  school  branches  by  well  qualified  teachers. 
The  school-rooms  are  pleasant  and  are  well  fur- 
nished with  excellent  apparatus.  The  children  are 
also  trained  in  habits  of  industry  and  all  who  are  of 
sufficient  age  are  required  to  work  about  three  hours 
a  day;  some  on  the  farm  connected  with  the  In- 
stitution, some  in  the  dining  room  and  kitchen, 
while  others  make  shoes,  knit,  or  work  in  the 
bakery,  engine  room,  or  laundry. 

As  soon  as  suitable  places  can  be  found  they  are 
placed  in  private  homes.  These  are  usually  found 
through    the    County    Agent.      This  agent  is   ap- 


CHARITABLE   AND   REFORM    SCHOOLS.  47 

pointed  by  the  Governor,  one  for  each  county,  and 
it  is  his  duty  to  visit  the  children  who  have  been 
placed  in  private  families  as  often  as  may  be  neces- 
sary in  order  to  ascertain  what  treatment  they  are 
receiving.  When  the  children  are  thus  placed  in  pri- 
vate homes  it  is  under  contract  that  they  shall  have  a 
good  common  school  education  and  kind  treatment 
as  members  of  the  family. 

The  School  is  managed  by  a  Board  of  Control,  and 
a  Superintendent  who  has  immediate  charge  of  it. 
These  are  appointed  by  the  Governor.  It  is  the 
result  of  a  plan  matured  by  State  Senator,  CD. 
Randall,  of  Coldwater,  who  drafted  the  bill  that 
established  the  school.  The  Institution  is  certainly 
one  of  the  most  humane  of  our  State  Institutions, 
inasmuch  as  it  is  the  means  of  saving  thousands  of 
youth  from  a  life  of  pauperism  and  crime,  and  assist- 
ing them  to  become  useful  citizens. 

In  its  educational  features  it  is  the  same  as  the 
common  schools,  and  it  thus  becomes  a  valuable 
addition  to  our  school  system. 

THE  REFORM  SCHOOL  FOR  BOYS. 

This  excellent  Institution  is  located  at  Lansing, 
about  one  mile  from  the  capitol.  An  act  of  the 
Legislature  provides  that  cities  and  villages  may 
establish  ungraded  schools,  and  that  certain  truant 
officers  shall  have  power  to  apprehend  habitual 
truants,  pupils  in  graded  schools  who  are  incorrigibly 
turbulent  or  disorderly,  or  who  are  vicious  or  im- 


48  CHARITABLE   AND   REFORM    SCHOOLS. 

moral;  as  well  as  children  who  habitually  frequent 
streets  and  other  public  places,  having  no  lawful 
business,  employment,  or  occupation  which  renders 
attendance  at  school  impossible. 

These  children,  when  so  apprehended,  are  to  be 
placed  in  the  ungraded  school  of  such  village  or 
city.  In  case  the  parent  or  guardian  of  a  child  be- 
longing to  one  of  the  classes  named  pleads  his 
inability  to  manage,  control,  or  secure  the  attend- 
ance of  such  child  at  the  ungraded  school,  then  the 
justice  before  whom  proceedings  are  taken  issues  a 
warrant  for  arrest  of  the  child  and  proceeds  to  a  hear- 
ing of  the  case.  If  it  is  proven  at  such  hearing  that 
the  child  belongs  to  one  of  the  classes  named,  the  jus- 
tice may  sentence  such  child  to  the  Reform  School, 
if  a  boy,  or  to  the  Industrial  Home  for  Girls,  if  a  girl. 

The  Institution  was  originally  established  as  a 
"House  of  Correction  for  Juvenile  Offenders,"  and 
was  essentially  a  prison.  But  the  same  spirit  which 
prevailed  in  establishing  other  State  Institutions  of 
a  humane  or  benevolent  character,  led  the  Legis- 
lature to  change  its  name  and  the  manner  of  treating 
its  inmates.  This  was  accomplished  in  1859.  The 
penal  features  of  the  Institution  are  abolished  and 
the  boys  are  no  longer  treated  as  prisoners  but  as 
pupils. 

Bolts  and  bars  are  abolished,  and  the  pupils  are 
not  made  to  feel  the  humiliation  and  disgrace  of 
imprisonment  when  they  leave  the  institution.  In 
place  of  these  bolts  and  bars,   closed  windows,  and 


CHARITABLE    AND   REFORM    SCHOOLS.  49 

lock  and  key,  there  is  the  careful  vigilance  of  watch- 
men and  other  officers  of  the  Institution.  The 
honor  of  the  boys  is  successfully  appealed  to  and 
attempts  to  escape  are  rare  indeed. 

Boys  between  the  ages  of  ten  and  sixteen  are  re- 
ceived, and  they  may  be  detained  until  they  are  of 
age  or  give  evidences  of  thorough  reformation. 
When  reformed  boys  have  no  home  or  parents 
or  friends  who  can  care  for  them  properly  after 
leaving  the  School  they  are  provided  with  homes  in 
private  families  through  county  agents;  and  many 
a  boy  has  been  reclaimed  from  vicious  habits  and 
has  become  an  honest,  industrious,  and  useful 
citizen  through  the  influence  and  training  of  this 
School. 

The  educational  features  of  the  Institution  are  ex- 
cellent and  furnish  as  good  a  training  as  that  of  the 
better  class  of  common  schools.  The  school-rooms 
are  well  furnished  with  modern  apparatus  and  books, 
and  excellent  instructors  are  engaged.  In  addi- 
tion to  this  means  of  intellectual  improvement,  there 
is  also  a  reading-room  where  all  the  leading  news- 
papers and  periodicals  are  kept  on  file,  and  there  is 
also  an  excellent  library  of  carefully  selected  books. 

In  addition  to  this  educational  training  the  boys  are 
required  to  do  a  certain  amount  of  labor  on  the  farm 
connected  with  the  school,  or  in  the  various  shops 
and  departments  of  the  Institution;  and  they  are 
thus  taught  habits  of  industry  and  self-reliance  that 
are  invaluable  to  them  in  after  life. 


50  CHARITABLE   AND   REFORM    SCHOOLS. 

The  School  is  managed  by  a  Board  of  Control 
consisting  of  three  members  appointed  by  the 
Governor,  and  a  Superintendent,  and  it  is  supported 
by  State  appropriations. 

The  Institution  is  a  success  as  an  educational 
means,  as  a  reformatory  measure,  and  from  an 
economic  point  of  view;  for  it  accords  with  the 
general  principles  that  have  led  our  State  to  main- 
tain that  it  costs  less  and  is  more  humane  to  reform, 
educate, ,  and  make  useful  citizens  of  those  of  her 
youth  who  would  otherwise  become  useless,  de- 
praved, and  vicious,  than  it  does  to  deal  with  and 
support  them  after  they  become  hardened  criminals; 
and  the  legislation  in  support  of  these  principles 
has  been  most  satisfactory  to  the  people  of  the  State 
who  regard  the  Reform  School  as  a  valuable  medium 
for  the  reformation  and  education  of  these  classes. 

THE  INDUSTRIAL   HOME   FOR    GIRLS. 

By  referring  to  the  preceding  article  on  the  Re- 
form School  for  Boys  it  will  be  seen  that  the  girls 
in  this  Home  come  from  the  same  sources,  and  be- 
come inmates  of  the  Institution  by  operation  of  the 
same  statute  that  provides  for  the  disposition  of  the 
pupils  in  that  Institution. 

The  Home  is  still  in  its  infancy,  having  been  es- 
tablished in  1 88 1,  mainly  through  the  efforts  of 
noble  women  who  have  done  much  to  make  it  a 
splendid  success.  It  is  managed  by  a  Board  of 
Control,   consisting  of  five  members,   appointed  by 


CHARITABLE    AND   REFORM    SCHOOLS.  5 1 

the  Governor,  a  majority  of  whom  are  women. 
The  immediate  management  is  delegated  to  a  Su- 
perintendent and  other  officers  and  instructors,  all 
whom  are  women. 

The  Home  is  located  upon  a  farm,  the  gift  of 
citizens  of  Adrian,  where  the  Institution  is  located. 
The  "family  plan"  is  followed  here  as  at  the  State 
Public  School,  and  each  cottage  has  its  own  kitchen, 
laundry,  dining  and  sleeping  rooms,  and  so  far  as 
possible  the  Institution  is  made  a  real  home. 

Girls  are  received  here  between  the  ages  of  seven 
and  seventeen,  although  a  very  large  proportion  of 
girls  of  tender  age  are  sent  to  the  State  Public 
School.  They  may  be  detained  until  twenty-one 
years  of  age,  but  it  is  usual  to  return  them  to  home 
or  friends  or  to  supply  them  with  a  home  through 
county  agents  at  an  earlier  date. 

The  course  of  stud)'  embraces  the  branches 
usually  taught  in  common  schools  from  the  first  to 
the  seventh  grade,  inclusive,  and  extra  studies  are 
provided  for  pupils  who  finish  those  grades.  No 
girl  is  allowed  to  be  kept  from  school  except  by 
permission  of  the  Superintendent,  and  all  are 
trained  in  courteous,  lady-like  behavior  at  all  times. 
All  receive  thorough  instruction  and  practice  in  all 
branches  of  house-work;  and  in  order  to  secure 
practice  in  its  various  departments,  no  girl  is  de- 
tailed for  the  same  work  more  than  two  months. 

Like  the  Reform  School  for  Boys  the  Institution 
becomes  a  useful  educational  factor  and  the  means 


52  CHARITABLE   AND   REFORM    SCHOOLS. 

•of  reclaiming  many  girls  who  thus  become  useful 
citizens  and  a  credit  to  the  society  in  which  they 
move. 

SCHOOL  FOR    THE  DEAF  AND  DUMB. 

This  Institution  is  located  at  Flint,  and  was  es- 
tablished by  an  act  of  the  Legislature  in  1848,  but 
was  not  read}^  for  occupancy  until  1854.  It  is 
governed  by  a  Board  of  Trustees  who  are  appointed 
by  the  Governor,  and  is  conducted  by  a  Principal 
and  other  officers.  Efficient  teachers  are  employed 
and  thorough  instruction  is  given  in  all  topics 
usually  taught  in  the  common  schools. 

Oral  instruction  is  usually  given  by  means  of  the 
sign  language,  which  is  uniform  for  all  inmates  of 
the  Institution.  Many  of  the  pupils  become  very 
proficient  in  the  branches  taught  and  some  of  their 
literary  work  is  of  great  merit. 

In  addition  to  the  sign  language,  instruction  is 
given  in  the  art  of  articulation,  by  means  of  which 
many  of  the  inmates  who  cannot  hear  a  sound  are 
taught  to  articulate  words  so  as  to  carry  on  a  con- 
versation intelligently.  This  is  done  by  teaching 
the  pupil  the  position  that  the  vocal  organs  should 
occupy  to  produce  a  given  sound.  These  positions 
are  indicated  by  certain  characters  placed  upon 
the  black-board.  Wonderful  results  have  been 
accomplished,  and  some  mutes  have  so  mastered 
the  art  of  articulation  that  a  stranger  might  converse 
with  them  for  some  time  before  discovering  that 
they  are  deaf. 


CHARITABLE   AND   RKFORM    SCHOOLS.  53 

While  carrying  on  such  a  conversation  the  mute 
must  occupy  a  position  where  he  can  see  the 
motions  of  the  lips  of  the  person  with  whom  he  is 
conversing,  for  it  is  from  these  motions  and  the 
positions  assumed  by  the  vocal  organs  that  he  is 
able  to  determine  what  is  said. 

In  addition  to  instruction  in  literary  topics 
the  pupils  are  also  taught  some  useful  trade,  such 
as  farming,  type-setting,  shoemaking,  or  cabinet 
making.  Girls  are  taught  sewing,  knitting,  print- 
ing, and  household  work.  Many  mutes  become  ex- 
perts at  type-setting  and  in  other  branches  of 
printers'  work. 

No  fees  are  charged  to  residents  of  Michigan,  and, 
in  addition  to  this,  a  statute  authorizes  the  Board 
of  Trustees  to  furnish  clothes  and  other  necessaries 
for  indigent  pupils.  A  statute  also  requires  the 
superintendents  of  the  poor  for  the  various 
counties  of  the  State  to  send  to  this  Institution  all 
deaf  mutes  of  tender  age  who  may  become  a  public 
charge  upon  their  respective  counties. 

There  is  no  permanent  fund  for  the  support  of 
the  school  but  it  is  maintained  by  liberal  appro- 
priations by  the  Legislature.  The  School  is  a 
valuable  charitable  Institution  and  furnishes  ex- 
cellent educational  facilities  for  an  unfortunate  class 
that  must  otherwise  grow  up  helpless  and  in 
ignorance. 

THE   SCHOOL   FOR    THE  BLIND. 

Originally  the  Blind  and  Deaf  and  Dumb  were 


54  CHARITABLE   AND   REFORM    SCHOOLS. 

taught  together  at  the  Flint  School,  but  in  1879  an 
act  of  the  Legislature  separated  the  two  classes  and 
established  the  School  for  the  Blind  at  Lansing. 

Practical  instruction  is  given  in  those  things  that 
are  most  useful  to  the  inmates,  and  this  by  teachers 
who  are  peculiarly  well  fitted  for  this  class  of  work. 
Pupils  are  taught  to  read  from  books  that  are 
printed  in  raised  letters  or  in  some  manner  by 
means  of  which  the  pupil  can  distinguish  the  words 
by  passing  the  ends  of  the  fingers  over  them. 

After  the  pupil  thus  learns  to  read  he  is  instructed 
in  many  of  the  branches  taught  in  the  common 
schools,  the  aim  of  the  school  being  to  give  a  good 
common  school  education  and  practical  instruction 
in  such  occupations  as  the  blind  are  best  able  to 
pursue. 

The  work  of  the  Institution  is  divided  into  three 
departments:  the  literary,  the  musical,  and  the 
handicraft.  Many  exercises  are  given  in  memoriz- 
ing and  pupils  are  kept  well  informed  on  current 
events.  Special  attention  is  given  to  music  and 
many  pupils  become  experts  in  this  branch,  and 
subsequently  proficient  music  teachers.  Good 
results  are  accomplished  in  giving  instruction  in 
broom-making,  basket-weaving,  sewing,  knitting, 
etc. 

The  School  is  furnished  with  considerable  good 
apparatus  and  a  very  good  library.  The  Institu- 
tion is  a  valuable  means  of  education  and  a  credit  to 
the  State. 


CHAPTER  VI. 


DENOMINATIONAL 

AND 

PRIVATE    SCHOOLS   AND   COLLEGES. 


Institutions  of  this  class  do  not  properly  belong  to 
the  State  educational  system,  inasmuch  as  they  are 
not  supported  by  any  of  the  educational  funds  or  by 
direct  taxation.  They  are  results  of  private  enter- 
prise or  benevolence.  Many  of  them  are  excellent 
institutions  of  learning,  and  a  number  furnish 
courses  of  study  in  some  branches  of  education  that 
equal  those  of  the  best  colleges  in  the  country. 

The  State  has  made  provision  by  acts  of  the 
Legislature  whereby  colleges  and  institutions  of 
learning  may  become  incorporated,  and  may  hold 
land  and  other  property  for  the  use  of  such  in- 
corporated institutions.  The  following  are  among 
the  institutions  of  this  class: 

Kalamazoo  College,  at  Kalamazoo. 

Olivet  College,  at  Olivet. 

Albion  College,  at  Albion. 

Hillsdale  College,  at  Hillsdale. 

Adrian  College,  at  Adrian. 


56  PRIVATE   SCHOOLS   AND   COLLEGES. 

Hope  College,  at  Holland. 

Detroit  College,  at  Detroit. 

Michigan  Female  Seminary,  at  Kalamazoo. 

Raisin  Valley  Seminary,  near  Adrian. 

Somerville  School,  at  St.  Clair. 

Alma  College,  at  Alma. 

Michigan  Military  Academy,  at  Orchard  Lake. 

Battle  Creek  College,  at  Battle  Creek. 

In  addition  to  the  incorporated  institutions  there 
are  many  Business  Colleges,  Academies,  and  private 
schools,  which  furnish  excellent  educational  facili- 
ties. In  accordance  with  the  acts  under  which 
these  institutions  are  incorporated  they  are  subject 
to  yearly  visitation  and  inspection  by  boards  con- 
sisting of  members  appointed  for  that  purpose  by 
the  Governor.  The  president  of  each  Institution 
also  makes  an  annual  report  of  the  courses  of  in- 
struction given  and  the  general  character  of  the 
work  accomplished;  and  this,  together  with  the 
Visitors'  report,  is  incorporated  in  the  annual  report 
of  the  Superintendent  of  Public  Instruction. 

This  closes  a  brief  review  and  description  of  the 
State  Educational  System.  Its  foundations  were 
laid  by  far-seeing  educators  and  statesmen.  It  pro- 
vides for  the  universal  education  of  the  masses  in 
free  schools,  and  for  special  and  professional  train- 
ing of  those  who  wish  to  avail  themselves  of  the 
excellent  opportunities  offered. 

This  plan,  broad  in  its  provisions,   is  most  ad- 


PRIVATE   SCHOOLS   AND   COLLEGES.  57 

mirably  adapted  to  the  educational  needs  of  the 
people;  and  apparently  all  that  remains  to  be  done 
is  to  so  arrange  details  of  administration  as  to  secure 
the  best  results. 


H^JilfeK 


^^M^^^s^^^^ 


:P.A.:R,T  II. 


CONSTITUTIONAL 

AND 

STATUTORY  PROVISIONS 

DEFININGTHE  DUTIES  AND  POWERS 

of 

Officers  and  Teachers. 


>«  '* 


^ 


CHAPTER   I. 


CONSTITUTIONAL  PROVISIONS. 


The  Superintendent  of  Public  Instruction  and  all 
officers  elected  or  appointed  to  carry  into  effect  the 
laws  relating  to  our  educational  system,  derive  their 
authority  to  act,  directly  or  indirectly  from  consti- 
tutional provisions  and  legislative  enactments. 
The  following  are  the  most  important  constitutional 
provisions  that  relate  to  the  school  system: 

The  Superintendent  of  Public  Instruction  is 
elected  at  each  biennial  election  for  a  term  of  two 
years,  and  his  term  of  office  commences  on  the  first 
day  of  January  following  his  election.  A  vacancy 
in  the  office  is  filled  by  appointment  by  the  Gover- 
nor, by  and  with  the  consent  of  the  Senate,  if  in 
session.  The  office  is  to  be  kept  at  the  seat  of  the 
State  government. 

The  proceeds  from  the  sale  of  all  school  lands  or 
from  property  given  by  individuals  or  such  as  may 
escheat  to  the  State  are  to  be  appropriated  ex- 
clusively for  the  support  of  primary  schools.  Free 
schools  are  provided  for,  and  all  instruction  in  such 
schools  must  be  conducted  in  the  English  language. 


62  CONSTITUTIONAL   PROVISIONS. 

School  districts  that  fail  to  maintain  school  are  to 
forfeit  primary  and  other  school  moneys. 

THE  REGENTS  OF  THE    UNIVERSITY. 

The  constitution  also  provides  for  the  election  of 
a  board  of  regents  for  the  University.  This  board 
has  the  general  care  and  management  of  all  matters 
relating  to  the  University.  There  are  eight  such 
regents,  and  it  is  so  arranged  that  two  are  elected  at 
each  election  at  which  a  justice  of  the  Supreme 
Court  is  selected. 

It  is  the  duty  of  the  regents  to  elect  a  president  of 
the  University.  Such  president  is,  ex  officio,  a  mem- 
ber of  the  board,  and  counsels  with  and  advises  the 
regents  regarding  the  management  of  the  University, 
but  he  has  no  vote. 

THE    STATE  BOARD   OF   EDUCATION. 

This  board  is  composed  of  three  members  and  it 
is  so  arranged  that  a  member  is  elected  at  each 
biennial  State  election  for  a  term  of  six  years. 
The  board  has  the  general  care  and  management 
of  the  State  Normal  School,  and  its  general  duties 
are  prescribed  by  law.  The  Superintendent  of 
Public  Instruction  is,  ex  officio,  a  member  and  secre- 
tary of  the  board. 

In  addition  to  this,  statutes  provide  that  he  shall 
have  the  general  supervision  of  all  matters  pertain- 
ing to  public  instruction  and  of  State  educational 
institutions,   other  than  the  University.     He  is  to 


CONSTITUTIONAL   PROVISIONS.  63 

visit  these  institutions  annually,  and  to  make  an 
annual  report  concerning  their  condition  to  the 
Governor.  Other  important  duties  of  the  Superin- 
tendent are  given  in  subsequent  chapters,  each 
under  its  proper  heading. 


CHAPTER  II. 


STATUTORY  PROVISIONS. 


Note — The    figures    at    the    close   of   sections  refer  to 
corresponding  sections  of  the  General  School  Laws. 

FORMATION  AND   ALTERATION  OF  DISTRICTS. 

When  a  new  township  is  formed  and  settled  it 
becomes  necessary  to  divide  the  new  territory  into 
such  school  districts  as  will  best  accommodate  the 
people.  This  is  done  by  the  township  board  of 
school  inspectors.  (8)  The  board  number  these  dis- 
tricts as  they  form  them.  No  such  district  can 
contain  more  than  nine  sections  of  land,  and  it  must 
be  compact  in  form  and  of  contiguous  territory.  (8) 

FRACTIONAL    DISTRICTS. 

It  sometimes  becomes  necessary  to  form  a  district 
from  territory  lying  in  two  or  more  townships. 
Such  a  district  is  termed  a  "fractional  district." 
These  are  formed  by  the  joint  action  of  the  boards 
of  school  inspectors  of  the  townships  from  which 
territory  is  taken,  and  the  district  is  credited  to  the 
township  in  which  the  school-house  is  situated. 

A  statute  provides  that  these  and  all  school  dis- 


ALTERATION   OF   DISTRICTS.  65 


tricts  shall  have  the  usual  powers  of  a  corporation, 
and  that  in  their  corporate  names  they  may  sue  and 
be  sued,  may  contract,  and  may  purchase  necessary 
real  estate.  (14) 

ALTERATION   OF  DISTRICTS. 

The  township  school  inspectors  are  empowered 
to  alter  the  boundaries  of  districts.  (8)  When  this 
is  done  the  township  clerk,  who  is  a  member  and 
clerk  of  the  board,  must  post  a  notice  in  the  dis- 
trict or  districts  to  be  altered,  at  least  ten  days 
previous  to  the  meeting  of  the  board  for  that  pur- 
pose. (15) 

The  board  of  school  inspectors  may  also  divide  a 
district  into  two  or  more  districts,  or  may  consoli- 
date two  or  more  districts  with  the  consent  of  a 
majority  of  the  resident  taxpayers  of  the  district  or 
districts  affected.  (16) 

A  statute  authorizes  the  board  to  detach  the 
property  of  any  person  from  one  district  and  attach 
it  to  another,  but  in  case  the  property  of  such  per- 
son has  been  taxed  to  build  a  school-house  within 
three  years  preceding  the  meeting  of  the  board  his 
consent  must  first  be  obtained.   (16) 


CHAPTER   III. 


ANNUAL  AND  SPECIAL  MEETINGS. 


The  annual  meeting  of  each  district  is  held  on 
the  first  Monday  of  September  of  each  year,  and  this 
is  also  the  beginning  of  the  school  year.  (21)  It  is 
provided,  however,  that  a  district  may  determine, 
at  any  annual  or  special  meeting,  properly  noticed 
for  that  purpose,  to  hold  an  annual  meeting  on  the 
second  Monday  of  July.  This  action  does  not 
change  the  commencement  of  the  school  year  for 
that  district.  (21) 

The  director  is  required  to  give  notice  of  all  district 
meetings.  Both  annual  and  special  meetings  re- 
quire six  days'  notice,  except  in  case  of  the  change 
or  removal  of  a  school  site,  in  which  case  ten  days' 
notice  must  be  given.  (23) 

The  district  board  may  call  a  special  meeting  of 
the  district  of  its  own  motion;  and  it  becomes  the 
duty  of  said  board,  or  any  member  thereof,  to  call 
such  a  meeting  upon  the  written  request  of  at  least 
five  members  of  the  district.  (22)  No  business  ex- 
cept that  specified  in  the  notice  therefor  can  be 
transacted  at  a  special  meeting.  (22) 


ANNUAL   AND   SPECIAL   MEETINGS.  67 

QUALIFIED    VOTERS. 

All  persons,  male  or  female,  of  the  age  of  twenty- 
one  years,  who  have  property  liable  to  assessment 
for  school  purposes,  and  who  have  been  residents  of 
the  district  three  months  preceding  the  meeting, 
may  vote  on  all  questions.  (24) 

All  other  such  residents  who  are  the  parents  or 
legal  guardians  of  children  included  in  the  school 
census  may  vote  on  all  questions  except  those  that 
directly  involve  the  raising  of  money  by  tax.  (24) 

Illegal  voters  may  be  challenged  by  any  member 
of  a  meeting.  (25)  The  challenged  person  must  be 
sworn  as  to  his  right  to  vote  and  if  he  swears  falsely 
he  may  be  prosecuted  for  perjury,  the  punishment 
for  which  is  imprisonment  in  the  State's  prison.  (25) 

Any  person  who  becomes  disorderly  and  disturbs 
a  district  meeting  may  be  arrested  upon  order  of 
the  chairman,  and  upon  trial  may  be  fined,  or  im- 
prisoned in  the  county  jail.  (26) 

POWERS   OF   VOTERS  AT  DISTRICT  MEETINGS. 

Voters  at  a  district  meeting  have  no  powers  ex- 
cept such  as  are  granted  by  statute.  The  follow- 
ing are  the  most  important  of  these:  (27) 

To  appoint  a  chairman  in  the  absence  of  the 
moderator;  to  adjourn  to  a  future  specified  time; 
to  elect  district  officers;  to  designate  a  site  for  a 
school-house;  to  purchase  a  site  or  to  build  or  hire 
a  school  house;  to  vote  a  tax  to  pay  for  these.  But 
there  are  restrictions  as  to   the   amount   that   any 


68  ANNUAL   AND   SPECIAL   MEETINGS. 

district  ma}'  raise  by  taxation,  and  also  restrictions 
as  to  the  amount  for  which  a  district  majT  be  bonded. 
(78)  Subdivisions  of  land  more  than  two  and  one- 
half  miles  from  a  school-house  cannot  be  taxed  for 
building  purposes,  and  it  requires  a  two-thirds  vote 
to  bond  a  district  as  above  specified. 

The  meeting  may  also  raise  money  for  repairs 
and  for  officers'  services.  The  length  of  term  for 
the  school  year  must  be  determined  at  the  annual 
meeting  as  follows:  not  less  than  nine  months  in 
districts  containing  over  eight  hundred  children; 
five  months  in  such  as  contain  from  thirty  to  eight 
hundred  children,  and  not  less  than  three  months 
in  all  other  districts.  (27) 


CHAPTER  IV. 


THE  DISTRICT  BOARD. 


The  district  board  is  composed  of  three  officers: 
The  moderator,  who  acts  as  chairman  of  the  board 
and  also  of  all  district  meetings,  the  director,  who* 
is  the  general  executive  officer  of  the  board  and 
also  of  district,  and  the  assessor,  who  is  treasurer 
of  the  district.  The  acts  of  these  officers,  when 
legally  performed,  become  the  acts  of  the  district, 
but  they  can  bind  the  district  only  upon  strictly 
complying  with  statutory  provisions. 

The  term  of  office  for  each  member  is  three  years, 
or  until  a  successor  is  elected  and  has  qualified.  (28) 
It  is  so  arranged  that  but  one  office  becomes  vacant 
annually. 

If  one  of  the  offices  becomes  vacant  by  means 
of  death,  removal  or  otherwise,  the  two  remaining 
officers  fill  the  vacancy  by  appointment.  If  two 
become  vacant  the  remaining  officer  calls  a  special 
meeting  of  the  district  to  fill  the  vacancies  by 
election.  In  case  this  is  not  done  within  twenty 
days,  or  in  case  all  the  offices  become  vacant,  such 


70  THE   DISTRICT   BOARD. 

vacancies  are  filled  by  the  board  of  school  inspectors 
for  the  township.   (30) 

Any  qualified  voter  of  the  district  who  has 
property  liable  to  assessment  therein,  may  be 
elected  or  appointed  to  office,  except  in  case  he  be 
an  alien.  (31)  This  provision  allows  the  election  of 
women  who  possess  the  above  qualifications  and 
who  are  twenty-one  years  of  age  or  above.  There 
is  no  fixed  salary  for  these  officers,  and  the  matter 
of  compensation  for  services  is  determined  by  the 
the  district  meeting.   (20) 

Any  person  who  has  been  elected  to  an  office  as 
above,  and  who  neglects  or  refuses  to  serve  without 
sufficient  cause,  may  be  fined.  (140)  All  school 
officers  and  inspectors  are  prohibited  from  acting  as 
agents  for  books,  seats,  etc.  (147) 

No  act  to  be  performed  by  a  district  board  can  be 
legally  performed  except  at  a  meeting  thereof.  (33) 
Such  meeting  may  be  called  by  any  member  serving 
on  the  other  members  a  written  notice  of  the 
time  and  place  of  meeting  at  least  twenty- four  hours 
previous  to  the  meeting.  (33) 

Any  two  members  may  transact  business  at  such 
a  meeting.  (33)  Although  notice  should  always  be 
given,  if  all  of  the  members  of the  board  be  present 
at  a  meeting  thereof  they  may  legally  act  even 
though  no  notice  has  been  given.  The  fact  that 
members  are  present  is  a  waiver  of  notice  by  each. 
But  a  majority  could  not  act  at  a  meeting  that  had 
net  been  noticed. 


THE   DISTRICT   BOARD.  7 1 

POWERS  OF   THE  BOARD. 

The  more  important  powers  of  the  district  board 
are  as  follows:  To  contract  with  legally  qualified 
teachers;  (40)  to  estimate  the  amount  of  money  to 
be  raised;  (36)  to  have  the  care  of  school  property; 
(41)  to  purchase  books  for  poor  children;  (43)  to  have 
the  general  care  of  the  school  and  to  make  necessary 
rules  for  its  government  and  management;  (44)  and 
to  specify  the  studies  to  be  pursued  in  the  school.  (42) 

The  board  is  required  to  adopt  a  text-book  in 
physiology  and  hygiene  for  the  use  of  all  pupils  who 
can  read  intelligently.  The  statute  providing  for 
this  instruction  requires  that  these  books  shall  be 
approved  by  the  State  Board  of  Education.  The 
teacher  is  required  to  make  a  certified  statement  to 
the  effect  that  this  instruction  has  been  given  dur- 
ing the  term,  and  the  director  is  required  to  file  a 
copy  with  the  township  or  city  clerk.  (Pub.  Acts 
'87,  No.   165.) 

All  text-books  used  in  the  school  must  be  adopted 
by  the  board.  A  teacher  cannot  be  required  to 
give  instruction  in  books  not  in  the  course,  and  she 
cannot  introduce  new  studies  of  her  own  motion. 
Text-books  adopted  by  the  board  cannot  be  changed 
within  five  years,  except  by  a  majority  vote  of 
electors  at  an  annual  meeting,  or  at  a  special  meet- 
ing called  for  that  purpose.  (42) 

The  board  may  authorize  the  teacher  to  suspend 
or  expel  a  pupil  for  gross  misbehavior  or  persistent 


72  THE   DISTRICT   BOARD. 

disobedience.  (44)  A  person  convicted  of  disturbing 
a  school  by  rude  or  indecent  behavior,  or  by  pro- 
fane or  indecent  discourse,  may  be  punished  by  fine 
or  imprisonment.  (44) 

The  board  is  required  to  open  the  school-house 
for  public  meetings  unless  otherwise  directed  by  a 
district  meeting.  The  board  may  exclude  such 
meetings  during  the  five  school  days  of  the  week  if 
the  best  interests  of  the  school  demand  it.  (44.) 

This  should  be  construed  to  mean  the  five  school 
days  of  the  week  including  evenings,  in  those  cases 
where  such  meetings,  of  whatever  kind,  retard 
school  work;  for  fractions  of  days  are  not  contem- 
plated in  law  and  the  days  spoken  of  should  be 
held  to  mean  days  of  twenty-four  hours  each.  It 
is  the  evident  intent  of  the  statute  to  exclude  any- 
thing that  interferes  with  the  important  interests  of 
the  school  during  all  of  the  school  week. 

All  school  boards  are  barred  from  using  any 
school  moneys  to  maintain  schools  of  a  sectarian 
character.  (38) 

The  director,  or  such  other  person  as  the  board 
may  appoint,  is  required  to  take  the  school  census 
of  the  district  during  the  last  ten  days  of  the  school 
year.  Such  census  includes  all  children  between 
the  ages  of  five  and  twenty  years,  whether  married 
or  single.   (49) 


THK   DISTRICT   BOARD.  73 

All  persons  who  are  residents  of  any  school 
district  and  who  are  five  years  of  age  have  an  equal 
right  to  attend  school  therein;  and  there  can  be  no 
discrimination  on  account  of  race  or  color.   (45) 


CHAPTER  V  . 


THE  TOWNSHIP    BOARD 

OF 

SCHOOL   INSPECTORS. 


This  board  is  composed  of  two  school  inspectors 
and  the  township  clerk.  These  officers  are  elected 
at  the  annual  township  election  held  on  the  first 
Monday  of  April,  (151)  the  inspectors  for  two  years 
(152)  and  the  clerk  for  one.  (153)  It  is  so  arranged 
that  the  term  of  but  one  inspector  expires  each  year. 

The  more  important  powers  and  duties  of  the 
board  are  as  follows:  To  divide  the  township  into  dis- 
tricts as  heretofore  explained;  to  report  the  employ- 
ment of  unqualified  teachers;  (56)  to  have  the 
general  care  and  management  of  the  township 
library;  (114)  to  establish  school  sites  where  patrons 
fail  to  agree  upon  them.  (89) 

An}''  elector  at  the  township  meeting,  or  any 
female  of  the  age  of  twenty -one  3'ears  who  has  re- 
sided in  the  State  three  months  and  in  the  town- 
ship ten  days,  may  be  elected  or  appointed  to  the 
office  of  school  inspector.  (154) 


TOWNSHIP  BOARD  OF  SCHOOL  INSPECTORS.        75 

The  board  elect  one  of  the  inspectors  chairman 
within  twenty  days  after  the  township  meeting. 
This  chairman  has  a  general  supervisory  charge  of 
the  schools  of  his  township,  subject  to  the 
advice  of  the  secretary  of  the  board  of  examiners, 
and  is  to  notify  the  secretary  of  any  school  within 
the  township  that  is  not  being  properly  managed. 
(Pub.  Acts,  of '87,  p.  356.) 


CHAPTER  VI. 


TOWNSHIP  AND  DISTRICT  LIBRARIES. 


The  State  Constitution  provides  for  the  main- 
tenance of  a  library  in  each  organized  township, 
and  when  once  established  the  books  belonging  to 
such  library  cannot  be  sold.  (112)  All  residents  of 
the  township  are  entitled  to  the  free  use  of  the 
library.  (113) 

The  inspectors  are  to  appoint  a  librarian,  and  to 
cause  the  library  to  be  kept  in  some  central  place. 

(n6) 

Any  school  district  having  a  school  census  of  not 
less  than  one  hundred  children,  by  a  two-thirds 
vote,  at  an  annual  meeting,  may  establish  a  district 
library  (117.)  When  such  library  is  once  estab- 
lished the  district  is  entitled  to  its  just  proportion 
of  the  books  belonging  to  the  township  library,  and 
also  its  share  of  library  funds.  (117) 

The  State  Board  of  Education  is  required  to  make 
a  list  of  suitable  books  that  are  not  sectarian  in 
character,  and  to  advertise  for  bids  to  furnish  the 
same.  Such  list  is  sent  to  those  who  have  charge 
of  libraries,  but  boards  are  not  confined  to  this  list, 


TOWNSHIP    AND    DISTRICT   LIBRARIES.  77 

provided   they   do   not  purchase  sectarian  works. 

(125) 

These  libraries  are  supported  by  the  proceeds 
from  fines  that  are  imposed  by  justices  of  the  peace 
and  other  officers  having  jurisdiction  in  criminal 
and  penal  actions.  (122)  Districts  and  townships 
may  also  raise  money  for  the  support  of  libraries. 
(123)  Provision  is  made  whereby  the  township 
board  may  use  the  township's  proportion  of  the 
library  money  for  general  school  purposes  and  it 
is  to  be  regretted  that  this  is  often  done. 


CHAPTER  VII. 


PERTAINING  TO  TEACHERS. 


A  legally  qualified  teacher  is  a  person  of  sixteen 
years  of  age,  or  above,  who  has  passed  a  satisfactory 
examination  and  has  a  certificate  in  force  received 
from  a  board  legally  authorized  to  issue  the  same. 
(Pub.  Acts,  '87,  p.  153.) 

There  are  four  classes  of  such  teachers  as  follows: 

1.  Those  licensed  by  the  county  board  of  ex- 
aminers.  (Ibid.) 

2.  Graduates  from  the  State  Normal  School  who 
have  received  a  diploma  and  certificate  from  the 
State  Board  of  Education.   (164) 

3.  Those  who  have  passed  an  examination  and 
have  received  a  State  Certificate  from  the  State 
Board  of  Education.   (166) 

4.  Teachers  who  have  been  employed  and  licensed 
by  city  boards  that  employ  a  superintendent.  (Pub. 
Acts  '87,  p.  357.) 

EX  A  MIX  A  TIOXS. 

It  is  the  duty  of  the  county  board  of  examiners 
to  Hold  two  regular  examinations  annually.  (Pub. 


PERTAINING   TO   TEACHERS.  79 

Acts,  '87,  p.  353.)  These  are  held  on  the  first 
Thursdays  of  March  and  August.  Special  ex- 
aminations, not  to  exceed  six  in  number,  are  to  be 
helcl  at  such  times  and  places  as  the  board  of  ex- 
aminers may  select.   (Ibid.) 

First  and  second  grade  certificates  can  be  granted 
at  the  regular  examinations  only.   (Ibid.) 

The  secretary  is  required  to  give  ten  days'  notice 
of  special  examinations,  and  to  send  a  published 
copy  of  the  notice  to  the  township  chairman.  (Ibid.) 

BRANCHES     REQUIRED. 

The  branches  required  by  statute  are  orthography, 
reading,  writing,  grammar,  geography,  arithmetic, 
theory  and  art  of  teaching,  United  States  history, 
civil  government,  and  physiology  and  hygiene. 
(Ibid.) 

In  addition  to  passing  a  satisfactory  examination 
in  these  branches,  the  applicant  must  be  of  good 
moral  character,  and  must  possess  the  ability  to  in- 
struct and  govern  a  school,  and  these  elements  are 
as  essential  as  the  ability  to  answer  a  set  of  ques- 
tions in  the  required  branches.   (Ibid.) 

All  examination  questions  are  prepared  by  the 
Superintendent  of  Public  Instruction.  These  he 
forwards  to  the  several  secretaries  of  the  county 
boards  of  examiners,  under  seal,  and  they  are 
opened  in  the  presence  of  the  applicants  for  certifi- 
cates on  the  day  of  examination.   (Ibid.) 

Examination  questions  in  additional  branches  are 


80  PERTAINING   TO   TEACHERS'. 

also  prepared  for  the  use  of  applicants  for  first  and 
second  grade  certificates. 

CERTIFICATES. 

The  county  board  of  examiners  issues  three  grades 
of  certificates,  as  follows:    (Pub.  Acts,  '87,  p.  354.) 

The  First  Grade  is  issued  only  to  those  who  have 
taught  at  least  one  year  with  ability  and  success. 
It  is  made  valid  throughout  the  State  for  three 
years  by  filing  a  copy  with  the  secretary  of  the 
county  board  of  examiners  of  the  county  in  which 
the  holder  thereof  desires  to  teach.   (Ibid.) 

The  Second  Grade  is  issued  to  those  who  have 
successfully  taught  at  least  six  months.  It  is  valid 
throughout  the  county  in  which  it  is  issued  for  two 
years. 

The  Third  Grade  is  issued  to  those  who  pass  a 
satisfactory  examination  in  the  branches  required 
by  law  and  who  possess  other  legal  qualifications 
heretofore  mentioned.  It  is  valid  throughout  the 
county  in  which  it  is  issued  for  one  year. 

In  addition  to  these,  the  secretary  of  the  board, 
or  either  of  the  other  two  members  authorized  by 
him,  may  grant  a  special  certificate  for  a  given  dis- 
trict. It  is  valid  only  until  the  next  public  examin- 
ation. A  second  special  cannot  be  granted  nor  can 
an  applicant  who  has  failed  be  given  such  a  certifi- 
cate except  by  order  of  the  board.   (Ibid.) 

REVOCATION  AND  SUSPENSION. 

The  board  of  examiners  ma)'  revoke  or  suspend 


PERTAINING   TO   TEACHERS.  8 1 

any  teacher's  certificate  for  any  canse  which  would 
have  justified  said  board  in  withholding  the  same, 
or  for  neglect  of  duty  or  incompetency  to  instruct 
and  govern  a  school.  These  causes  include  drunken- 
ness, profanity,  dishonesty  and  immorality  that 
may  affect  the  school  or  become  an  improper 
example  for  children.  (131) 

The  board  may  also  suspend  the  effect  of  any 
certificate  issued  by  other  lawful  authority  for  like 
causes,  but  such  board  cannot  revoke  State  or  State 
Normal  certificates.  (131)  No  certificate  can  be 
revoked  or  suspended  until  the  owner  thereof  has 
had  an  opportunity  to  meet  charges  preferred 
against  him.   (131) 

INDORSING     CERTIFICATES. 

County  boards  of  examiners  are  frequently  re- 
quested to  indorse  certificates  issued  by  other 
boards.  The  statute  of  '87  provides  that  the  board 
of  examiners  '  'shall  examine  all  persons  who  may 
offer  themselves  as  teachers  of  the  public  schools, ' ' 
and  the  place  and  time  of  such  examination  are  also 
provided  for. 

It  is  also  provided  that  the  board  shall  meet  on 
the  Saturday  following  the  examination,  and  shall 
grant  certificates  to  '  'persons  who  have  attended  such 
public  examinatio?i . ' ' 

These  and  other  provisions  clearly  indicate  that 
it  is  the  intent  and  purpose  of  the  law  that  there 
shall  be  a  personal  examination  of  the  applicant  in 


82  PERTAINING   TO   TEACHERS. 

required  branches;  and  since  the  board  can  issue 
certificates  only  in  the  manner  prescribed  by 
statute,  and  as  there  are  no  statutory  provisions  for 
the  indorsing  of  certificates  issued  by  other  authority, 
it  cannot  be  legally  done,  and  a  certificate  so  in- 
dorsed is  not  valid. 

NORMAL  SCHOOL  AND   STATE    CERTIFICATES. 

A  statute  provides  that  the  State  Board  of 
Education  shall  prescribe  a  special  course  of  in- 
struction intended  to  prepare  students  for  the  rural 
and  elementary  schools  of  the  state.  This  course 
provides  for  not  less  than  twenty  weeks  of  special 
professional  instruction,  and  it  is  one  of  the  most 
valuable  provisions  pertaining  to  Normal  training, 
because  of  the  fact  it  provides  for  actual  practice  in 
the  principles  of  teaching  by  students  in  shorter 
courses. 

Upon  the  completion  of  this  special  course  a 
certificate  is  issued  by  the  board.  This  certificate 
contains  the  list  of  studies  contained  in  the  course 
and  is  valid  throughout  the  State  for  a  period  of 
five  years.  It  may  be  suspended  or  revoked  by  the 
State  Board  upon  cause  shown  by  any  county  board 
of  examiners,  or  by  any  board  of  school  officers. 

Provision  is  also  made  for  advanced  courses  of 
study  of  four  years  duration.  Upon  the  completion 
of  these  courses  the  State  Board  of  Education  issues 
a  certificate  that  operates  as  a  life  certificate,  unless 
revoked  by  said  board. 


PERTAINING   TO   TEACHERS.  83 

State  certificates  are  also  issued  by  this  board  to 
such  persons  as  have  taught  in  the  schools  of  the 
State  at  least  two  years  and  who,  upon  thorough 
and  critical  examination,  are  found  to  possess 
eminent  scholarship,  ability,  and  good  moral  char- 
acter. This  certificate  is  valid  throughout  the 
State  for  ten  years,  and  it  may  be  renewed  for  a 
second  term  of  ten  years  to  such  as  teach  con- 
tinuously during  the  first  term.  Graduates  of  the 
literary  and  scientific  departments  of  the  University 
and  of  the  incorporated  colleges  of  the  State  are  not 
required  to  teach  preliminary  to  taking  this  exami- 
nation.    See  Statutes  of  '89. 

INSTITUTE    FEES. 

At  the  time  of  examination  the  secretary  of  the 
board  of  examiners  is  required  to  collect  fees  as 
follows:  From  applicants  for  third  grade,  males  one 
dollar,  females  fifty  cents;  for  second  grade,  males 
two  dollars,  females  one  dollar;  for  first  grade, 
males  three  dollars,  females  one  dollar  and  fifty 
cents.  (155)  All  teachers,  however  authorized,  are 
required  to  pay  these  fees. 

The  money  so  collected  constitutes  the  county 
teachers'  institute  fund,  and  it  is  deposited  with  the 
county  treasurer.  This  fund  is  used  to  support  the 
county  institute  held  by  the  Superintendent  of 
Public  Instruction.  (157)  The  Superintendent  is  also 
authorized  to  hold  a  State  Institute.  This  is  for 
the  State  at  large  and  is  usually  held  at  the  State 


84  PERTAINING  TO  TEACHERS. 


capital.     The  expenses  of  this  institute  are  paid  out 
of  the  general  State  funds.   ( 1 6 1 ) 

Teachers  are  authorized  to  close  school  to  attend 
a  county  institute  that  is  being  held  within  the 
county,  and  there  can  be  no  deduction  of  wages  for 
time  thus  spent.  (158) 

TEACHERS^  CONTRACTS. 

A  teacher  can  be  legally  hired  only  at  a  meeting 
of  the  school  board.  (40-109)  After  the  board  has 
thus  engaged  a  teacher  it  becomes  the  duty  of  the 
director  to  draw  the  contract  and  to  present  it  to 
the  other  members  for  further  signature.  In  case 
the  director  refuses  to  sign  the  contract  the  other 
members  may  do  so  and  the  contract  will  be  valid. 

(48) 

This  contract  must  be  in  writing,  must  state  the 
wages  agreed  upon,  and  the  length  of  the  term. 
The  teacher  must  be  required  to  keep  a  proper 
register  which  shall  show  the  number  of  pupils, 
and  age  and  attendance  of  each,  and  he  or  she 
violates  the  provisions  of  the  contract  by  failing  to 
perform  these  requirements.  (40) 

A  contract  with  a  teacher  who  does  not  hold  a 
certificate  that  is  valid  within  the  county  is  void. 
If  the  certificate  expires  during  the  period  for  which 
the  contract  is  drawn  said  contract  becomes  void 
unless  the  teacher  immediately  secures  a  new 
certificate.  (40) 

If  the  district  officers  close  the  school  on  account 


PERTAINING  TO   TEACHERS.  85 

of  the  prevalence  of  contagious  disease,  and  keep  it 
closed  for  a  time,  and  the  teacher  continues  ready 
to  teach  she  is  entitled  to  full  wages  during  such 
period.   (43  Mich.,  480.) 

The  Supreme  Court  of  this  State  has  also  decided 
that  it  is  against  public  policy  to  allow  a  teacher's 
wages  to  be  reached  by  garnishment.  (39  Mich., 
489.) 

When  a  contract  is  drawn  for  a  given  number  of 
months  it  is  construed  to  be  for  that  number  of 
months  of  twenty  days  each.   (40.) 

All  contracts  are  subject  to  the  legal  holidays 
established  by  statute,  and  there  can  be  no  deduction 
of  wages  because  of  suspension  of  school  on  those 
days.   (39  Mich.,  484.) 

The  legal  holidays  are  New  Year's  day  (Jan.  1); 
Washington's  birthday  (Feb.  22);  Decoration  day 
(May  30);  Independence  day  (July  4);  Christmas 
day  (Dec.  25);  and  Thanksgiving  day,  appointed  by 
the  president  or  governor.  Whenever  a  legal  holi- 
day falls  on  Sunday  the  following  Monday  is  to  be 
observed  instead.  (School  Law  of  '85,  p.  67.)  A 
teacher  who  teaches  on  a  holiday  cannot  claim  this 
as  one  day  of  the  term.  If  the  holiday  falls  on 
Saturday  it  cannot  be  so  claimed. 

A  school  board  may  engage  and  contract  with  a 
teacher  even  though  the  term  is  to  begin  in  the 
future,  and  for  a  reasonable  period  beyond  the  time 
when  an  officer's  term  shall  expire. 

A  teacher  cannot  be  compelled  to  sweep,   build 


86 


PERTAINING   TO   TEACHERS. 


fires  or  to  do  other  work  of  a  similar  character,  ex- 
cept the  contract  contains  a  stipulation  to  that  effect. 
Although  it  has  been  held  that  a  teacher  cannot 
be  legally  employed  except  at  a  meeting  of  the 
board,  (47  Mich.,  626)  yet,  if  a  majority  of  the 
board  employ  a  legally  qualified  teacher  without 
meeting  and  without  concert  of  action,  and  he  enter 
upon  his  duties  as  teacher,  the  members  of  the 
school  board  recognizing  him  as  such,  by  acts  or  by 
acquiesence,  such  acts  and  recognition  will  be  a 
ratification  of  the  contract,  and  it  thus  becomes 
valid.   (61  Mich.,  299;    62  Mich.,  153.) 


CHAPTER  VIII. 


COMMON  SCHOOL  REVENUES. 


The  moneys   used   for   the   support  of  common 
schools  are  derived  from  the  following  sources : 
i.  The  interest  from  the  Primary   School  Fund. 

2.  The  one-mill  tax. 

3.  Unappropriated  dog  tax  in  excess  of  one  hun- 
dred dollars. 

4.  District  school  taxes. 

PBIMARY  SCHOOL  MONEY. 

The  primary  school  money  is  divided  among  the 
school  districts  of  the  State  in  proportion  to  the 
number  of  school  children  in  each.  This  division 
is  made  by  the  Superintendent  of  Public  Instruction 
between  the  first  and  tenth  days  of  May  and  No- 
vember in  each  year. 

This  money  is  transferred  by  the  State  Treasurer 
to  the  county  treasurer,  by  him  to  the  township  or 
city  treasurer,  and  he,  in  turn,  transmits  it  to  the 
assessor  of  the  district.  This  money  can  be  used 
for  no  other  purpose  than  the  payment  of  teachers' 
wages.   (38) 


88  COMMON   SCHOOL   REVENUES. 

THE   ONE-MILL  TAX. 

The  supervisor  of  each  township  is  required  to 
assess  one-mill  on  each  dollar  of  the  valuation  of 
the  taxable  property  of  his  township,'  and  this  is 
apportioned  to  the  districts  for  school  purposes,  in 
proportion  to  the  number  of  school  children  in  each. 
(66)It  is  used  exclusively  for  teachers'  wages.   (27) 

THE   DOG  TAX. 

An  act  requires  the  supervisor  to  levy  a  tax  ot 
one  dollar  upon  each  male  dog  and  three  dollars 
upon  each  female  dog. 

This  money  constitutes  a  fund  to  be  used  to 
compensate  those  whose  sheep  have  been  killed  by 
dogs.  If,  after  the  payment  of  such  losses,  any 
sum  in  excess  of  one  hundred  dollars  remains  it  is 
apportioned  to  the  school  districts  of  the  township, 
proportionate  to  the  number  of  school  children  in 
each.   (S.  L.  '85,  p.  58.) 

DISTRICT  SCHOOL    TAXES. 

It  is  the  duty  of  the  district  board  to  estimate  the 
amount  of  money  necessary  to  be  raised,  in  addition 
to  the  other  funds  coming  to  the  district.  This 
estimate  is  given  to  the  township  clerk,  and  the  su- 
pervisor assesses  the  amount  of  the  estimate  upon 
the  taxable  property  of  the  school  district.  (62) 

This  tax  is  collected  by  the  township  treasurer 
and  paid  over  to  the  district  assessor.  (65) 


COMMON   SCHOOIv   REVENUES.  89 

FORFEITURE   OF  SCHOOL   MONEYS. 

Whenever  a  district  fails  to  maintain  the  number 
of  months  of  school  required  by  law,  it  forfeits  its 
proportion  of  the  ene-mill  tax,  the  primary  school 
money,  and  money  raised  by  taxation;  and  these 
sums  will  be  divided  among  the  other  districts  of 
the  township.  (66  and  Act  XIII  of  the  Constitu- 
tion.) 

A  district  also  forfeits  its  public  money  by  em- 
ploying a  teacher  who  has  no  valid  certificate  of 
qualification  at  the  time  she  is  engaged  to  teach.  (38). 


All  the  above  mentioned  funds  are  to  be  used 
solely  for  the  support  of  the  common  schools.  This 
term  is  not  confined  to  the  district  or  country  schools, 
but  it  also  includes  all  of  the  union  and  high 
schools  of  cities  and  villages.  They  are  so  desig- 
nated because  they  are  for  the  common  benefit  of 
all  and  are  supported  by  a  common  fund. 

A  Graded  school  is  one  that  is  divided  into  de- 
partments and  in  which  pupils  are  promoted  from 
grade  to  grade. 

A  Union  school  is  a  graded  school  that  has  been 
formed  by  the  union  of  two  or  more  districts. 

A  High  school  is  the  upper  department  of  a 
graded  school  of  which  a  superintendent  has  charge. 

These  schools  are  usually  managed,  by  a  board 
of  five  trustees.  These  members  are  required  to 
elect  from  their  own  number  a  director,  a  moderator, 


9o 


COMMON   SCHOOL    REVENUES. 


and  an  assessor.  (108)  These  are  the  executive 
officers  of  the  district  and  their  duties  are  similar 
to  those  of  like  officers  of  ungraded  districts. 


CHAPTER  IX. 


FREE  TEXT-BOOKS. 


Act  No.  147  of  the  statutes  of  '89  provides  for 
free  and  uniform  text-books  in  the  following  man- 
ner: At  least  ten  days  prior  to  the  annual  meeting, 
the  board  of  each  district  is  required  to  give 
notice  to  the  qualified  electors  that  the  question  of 
voting  to  raise  money  to  purchase  the  text-books 
to  be  used  by  the  pupils  of  the  district  will  be  sub- 
mitted to  them  at  such  annual  meeting.  Only  such 
electors  as  have  property  liable  to  taxation  for 
school  purposes  are  entitled  to  vote  upon  this 
question. 

If  at  such  meeting  the  board  are  so  authorized 
they  are  required  to  estimate  the  amount  necessary 
•to  purchase  the  books  needed  by  the  pupils.  This 
amount  is  raised  by  a  general  tax  upon  the  property 
of  the  district,  and  is  collected  in  the  same  manner 
that  other  taxes  are  collected.  On  the  first  day  of 
February  next  after  the  tax  is  levied,  the  director  is 
required  to  proceed  to  purchase  such  books  as  are 
needed  from  the  following  list:  Orthography,  spell- 
ing, writing,  reading,  geography,  arithmetic,  gram- 


92  FREE   TEXT    BOOKS. 


mar,  (including  language  lessons,)  National  and 
State  history,  civil  government,  and  physiology 
and  hygiene.  The  books  thus  selected  from  this 
list  must  be  uniform  in  each  branch  and  cannot  be 
changed  within  five  years.  The  board  are  required 
to  make  a  list  of  those  books  selected  and  file  a 
copy  with  the  township  clerk  and  to  keep  one 
posted  in  the  school  room. 

The  books  purchased  in  pursuance  of  this  act 
remain  the  property  of  the  district  and  are  loaned 
to  the  pupils  of  the  district  free  of  charge  in 
accordance  with  such  rules  and  regulations  as  the 
district  board  may  establish.  The  provisions  of 
the  law  do  not,  however,  prevent  any  person  from 
purchasing  his  or  her  text-books  from  the  district 
board  of  the  school  which  he  or  she  may  attend. 

The  district  board  of  every  district  adopting  the 
provisions  of  this  act  are  required  to  make  an 
annual  estimate,  in  addition  to  other  estimates,  of 
the  amount  necessary  to  carry  out  its  provisions. 

When  this  system  is  once  adopted  as  above 
specified  it  becomes  the  duty  of  the  board  to  make 
a  contract  with  some  dealer  or  publisher  to  furnish 
the  books  used  in  the  district  at  a  price  not  greater 
than  the  net  wholesale  price  of  such  books.  And  it 
is  provided  also  that  any  district  may  authorize  its 
district  board  to  advertise  for  proposals  before 
making  a  contract  for  books.  It  is  further  pro- 
vided that  any  district  board  may  purchase  these 
books  from  any  local  dealer  if  the  same  can  be  pur- 


FREE   TEXT   BOOKS.  93 

chased  as  cheaply  as  of  the  party  who  makes  the 
lowest  bid  to  the  district  board. 

If  the  officer  or  officers  of  any  district  that  has 
voted  to  adopt  the  provisions  of  this  act  refuse  or 
neglect  to  carry  out  these  provisions,  he  or  they  will 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof  before  a  court  of  competent  juris- 
diction, be  liable  to  a  penalty  of  not  more  than  $50, 
or  imprisonment  in  the  county  jail  for  a  period  not 
to  exceed  thirty  days,  or  both  in  the  discretion  of 
the  court. 

Provision  is  made  whereby  a  district  board  may 
take  further  action  upon  the  provisions  of  this  act 
at  any  subsequent  annual  meeting  of  the  district. 


CHAPTER  X. 


THE  BOARD  OF  EXAMINERS. 


The  county  board  of  school  examiners  is  com- 
posed of  three  members.  Two  of  these  are  elected 
by  the  township  chairmen,  one  examiner  each  year. 
This  election  takes  place  at  the  office  of  the  county 
clerk  on  the  first  Tuesday  of  August.     (Pub.  Acts, 

'87>  P.  352.) 

The  term  of  office  is  for  two  years,   or  until  a 

successor  is  duly  elected  and  qualified,  and  a  mem- 
ber enters  upon  the  duties  of  his  office  on  the  fourth 
Tuesday  of  August.     (Ibid. ) 

It  is  the  duty  of  this  board  to  meet  on  the  Satur- 
day following  each  examination  to  grant  certificates 
to  such  teachers  as  are  found  qualified  to  receive 
the  same.     (Ibid.) 

THE    SECRETARY. 

The  two  examiners  elected  by  the  township  chair- 
men meet  at  the  office  of  the  Judge  of  Probate,  on 
the  fourth  Tuesday  of  August  in  each  year  and  elect 
a  secretary  of  the  board  of  examiners.     (Pub.  Acts, 


AN  AMENDMENT. 


The  legislature  of  1891  made  the  following  changes 
in  the  method  of  electing  the  hoard  of  examiners;  but 
the  duties  of  the  board,  and  methods  of  examinations 
etc.  are  practically  the  same  as  under  the  statute  of  U  87, 
and  as  are  given  elsewhere  in  this  work. 

The  new  act  provides  as  follows: 

1.  The  County  Commissioner  of  Schools,  until  April 
of  1893,  shall  be  elected  by  the  boards  of  supervisors  of 
the  several  counties.  At  the  annual  spring  election  of 
1893,  and  every  second  year  thereafter,  said  commissioner 
shall  be  elected  by  direct  vote  of  electors  qualified  to 
vote  at  such  meetings.  His  term  of  office  begins  on 
July  1st  and  continues  two  years,  or  until  his  or  her 
successor  is  elected  and  qualified.  Such  commissioner 
must  be  a  graduate  of  the  literary  department  of  some 
reputable  College,  University  or  State  Normal  School, 
or  hold  a  first  grade  certificate  within  two  years  of  his 
election,  or  have  previously  been  County  Commissioner. 
Vacancies  in  this  office  are  filled  by  election  by  the 
chairmen  of  the  township  boards  of  school  inspectors. 

2.  Said  boards  of  supervisors  are  also  required  to 
elect  two  school  examiners,  one  to  be  elected  each  year 
for  a  term  of  two  years  or  until  his  or  her  successor  is 
elected  and  qualified.  This  election  takes  place  at  the 
annual  meeting  of  the  board  of  supervisors  on  the  second 
Monday  of  October. 

These  two  Examiners  together  with  the  County 
Commissioner  of  Schools  constitute  the  County  Hoard 
of  Examiners. 

This  act  also  provided  that  a  first  grade  certificate 
shall  be  valid  throughout  the  State  for  four  years;  a 
second  and  third  grade  valid  throughout  the  county,  the 
former  for  three  years  and  the  latter  for  one  year. 


THE    BOARD   OF   EXAMINERS.  95 

'87,    352)     The  Judge   of   Probate    takes    part  in 
this  election. 

The  secretary  is  the  executive  officer  of  the  board 
and  it  is  his  duty  to  hold  public  examinations;  to 
keep  a  record  of  the  same;  to  sign  certificates;  to 
suggest  plans  for  building  and  furnishing  school- 
houses;  to  visit  each  district  in  the  county  at  least 
once  a  year,  and  to  counsel  with  teachers  and  school 
boards  as  to  methods  of  teaching. 

The  secretary  is  empowered  to  appoint  two  assist- 
ant visitors  whenever  it  is  necessary  to  do  so. 
(Ibid.  355.) 

The  secretary's  salary  is  fixed  by  the  board  that 
appoints  him,  but  it  cannot  exceed  ten  dollars  for 
each  district  within  the  county,  and  in  no  case  can 
it  exceed  fifteen  hundred  dollars  per  annum 
(Ibid.)  The  other  members  of  the  board  receive 
four  dollars  per  day  for  the  time  they  are  necessarily 
employed  in  the  duties  of  the  office. 

The  necessary  expenses  for  stationery,  printing, 
etc.,  are  audited  and  allowed  by  the  board  of  super- 
visors, but  these  cannot  exceed  two  hundred  dollars 
per  annum.     (Ibid.) 

The  secretary  may  be  removed  from  office  for  im- 
morality, incompetency  or  neglect  of  duty,  by  the 
board  that  appointed  him.     (Ibid.) 

The  other  members  may  be  removed  for  like 
causes  by  the  Judge  of  Probate,  but  all  charges 
must  be  in  writing  and  the  accused  member  must 
have  notice  thereof. 


CHAPTER  XI. 


COMPULSORY  AND  REFORMATORY 

EDUCATION. 


Several  acts  have  been  passed  by  the  State  legis- 
lature, the  object  of  which  is  to  compel  parents  and 
guardians  of  children  to  send  them  to  some  private 
or  public  school,  or  to  give  them  instruction  at 
home,  for  at  least  four  months  in  each  year,  six 
weeks  of  which  attendance  must  be  consecu- 
tive.    (180) 

Only  sickness  or  other  bodily  infirmity  will  ex- 
cuse attendance,  but  the  provisions  of  the  acts  do 
not  apply  to  children  who  live  more  than  twro  miles 
from  a  school  house  by  the  nearest  traveled  road. 
( 1 80)  Parents  or  guardians  who  violate  this  law  are 
subject  to  a  fine. 

Provision  is  also  made  to  prohibit  the  employ- 
ment of  any  child  under  the  age  of  fourteen,  unless 
such  child  has  attended  school  as  above  specified, 
and  employers  who  violate  this  provision  are  sub- 
ject to  a  fine  of  fifty  dollars.     (198) 

An  act  also  provides  that  cities  and  villages  may 


COMPULSORY  AND  REFORMATORY  EDUCAT I  ON.  97 

maintain  ungraded  schools  for  the  education  of  dis- 
orderly or  truant  school  children.     (187) 

The  act  includes  such  children  between  the  ages 
eight  and  sixteen  as  are  habitual  truants  from 
school,  those  who  do  not  attend  any  school,  and 
those  who  while  at  school  are  incorrigible  and  dis- 
orderly. 

Policemen  or  constables  may  be  delegated  to 
apprehend  such  children,  and  while  so  employed 
are  termed  '  'Truant  Officers. "     (188) 

Parents  of  these  truants  are  to  be  notified  that 
their  children  are  not  attending  school,  or  that  they 
are  unmanageable,  and  if  they  refuse  to  endeavor  to 
have  them  attend  the  ungraded  school  they  are  sub- 
ject to  arrest. 

In  case  the  parent  pleads  his  inability  to  manage 
such  child  or  children,  a  warrant  is  issued  for  their 
arrest,  and  upon  a  proper  showing  the  justice  before 
whom  the  case  is  brought  may  sentence  the  child 
or  children  to  the  Reform  School  at  Lansing,  if  a 
boy,  or  to  the  Industrial  Home  for  Girls  at  Adrian, 
if  a  girl,  for  one  year,  or  for  a  longer  term  not  ex- 
tending beyond  the  time  when  such  child  shall 
become  sixteen  years  of  age.     (192) 


rigill 


^ff^rtEW 


;>J5» 


^ 


IP^IE^T  III. 


SUPREME    COURT    DECISIONS 


DEFINING  THE 


RIGHTS,  DUTIES,  AND   POWERS 


— OF- 


TEACHERS,    OFFICERS,    PUPILS, 
AND  PATRONS. 


iraf*p> 


RULES  AND  REGULATIONS. 


The  district  board  is  empowered  to  make  and 
enforce  suitable  rules  and  regulations  for  the  gov- 
ernment and  management  of  the  school.  What  rules 
and  regulations  are  suitable  is  left  to  the  sound  dis- 
cretion of  the  board.  But  while  this  is  true  all  such 
rules  and  regulations  must  be  reasonable.  Their 
object  should  be  to  secure  good  order  and  discipline 
in  the  school,  but  they  must  be  of  such  a  nature  as 
not  to  infringe  upon  the  rights  of  parents  and 
children. 

It  has  been  decided  by  the  courts  that  whether 
or  not  a  rule  is  reasonable  is  a  question  of  law  for 
the  Court  to  decide,  and  not  one  of  fact  to  be  deter- 
mined by  a  jury.     48  Vt.,  476;   63  111.,  356. 

The  Supreme  Court  of  Iowa  has  given  the  follow- 
ing definition  of  a  reasonable  rule:  "Any  rule  for 
the  school,  not  subservient  of  the  rights  of  children 
or  parents,  or  in  conflict  with  humanity  and  the 
precepts  of  Divine  law,  which  tends  to  advance  the 
object  of  the  law  in  establishing  public  schools, 
must  be  considered  reasonable  and  proper."  31 
la.,  565. 

In  many  instances  the   board  does  not  prescribe 


102  RULES    AND   REGULATIONS. 

such  rules  and  regulations,  and  the  care  and  man- 
agement of  pupils  is  left  to  the  teacher  unaided  or 
unhampered  by  a  long  series  of  regulations  formally 
adopted  by  the  board  and  posted  in  the  school 
room.  In  such  a  case  the  teacher  is  empowered,  as 
in  loco  parentis,  by  the  common  law  of  the  school, 
to  enforce  all  needful  rules  and  regulations  for  the 
management  of  the  school  and  discipline  of  the 
pupils.  Courts  have  held  that  rules  made  by  a 
school  board  need  not  be  recorded  in  order  to  become 
binding,  and  also  that  where  rules  have  been  made 
by  the  teacher,  or  by  separate  members  of  the  board 
and  without  the  knowledge  of  the  remaining  mem- 
bers, but  subsequently  ratified  by  the  full  board, 
they  are  binding.  Hodgkins  vs.  Rockport,  105, 
Mass.,  475.     Kidder  vs.  Chellis,  59,  N.  H.,  473. 

In  discussing  the  respective  rights  of  teachers, 
school  boards,  and  pupils  the  courts  have  decided 
that  "Every  student  upon  his  admission  into  an 
institution  of  learning  impliedly  or  expressly  prom- 
ises to  submit  to  and  be  governed  by  all  the  neces- 
sary and  proper  rules  and  regulations  which  have 
been  or  may  thereafter  be  adopted  for  the  govern- 
ment of  the  institution.  82  Ind.  286,  Reported  in 
42  Am.  Rep.,  496. 

Regarding  the  powers  of  a'  teacher  to  act  in  ab- 
sence of  authority  regularly  conferred  by  a  school 
board,  Judge  Lyons,  of  the  Supreme  Court  of  Wis- 
consin, said,  "While  the  teacher  or  principal  in 
charge   of  a   public   school   is  subordinate   to    the 


teachers'  contracts.       103 

school  board  or  board  of  education  of  his  district 
or  city,  and  must  enforce  rules  and  regulations 
adopted  by  the  board  for  the  government  of  the 
school,  and  execute  all  its  lawful  orders  in  that 
behalf  he  does  not  derive  all  his  power  and 
authority  in  the  school  and  over  his  pupils 
from  the  affirmative  action  of  the  board.  He 
stands,  for  the  time  being,  in  loco  parentis  to  his 
pupils,  and,  because  of  that  relation,  he  must  neces- 
sarily exercise  authority  over  them  in  many  things 
concerning  wrhich  the  board  may  have  remained 
silent.  In  the  school,  as  in  the  family,  there  exists 
on'  the  part  of  the  pupils  the  obligations  of  obedi- 
ence to  lawful  commands,  subordination,  civil 
deportment,  respect  for  the  rights  of  other  pupils, 
and  fidelity  to  duty.  These  obligations  are  inher- 
ent in  any  proper  school  system,  and  constitute,  so 
to  speak,  the  common  law7  of  the  school. 

"Ever  pupil  is  presumed  to  know  this  law7,  and 
is  subject  to  it  whether  it  has  or  has  not  been 
re-enacted  by  the  district  board  in  the  form  of 
written  rules  and  regulations. 

1  'Indeed,  it  would  seem  impossible  to  frame  rules 
which  wrould  cover  all  cases  of  vicious  tendency 
w7hich  the  teacher  is  liable  to  encounter  daily  and 
hourly." 

> 

teachers'  contracts. 

The  statutes  pertaining  to  the  management  of 
schools  provide  that  the  district  board  shall  hire 


104  teachers'  contracts. 

and  contract  with  such  duly  qualified  teachers  as 
may  be  required. 

The  statutes  also  provide  that  these  contracts 
shall  be  in  writing  and  signed  by  a  majority  of  the 
members  of  the  school  board.  The  teacher  who  be- 
comes a  party  to  such  contract  must  have  a  certifi- 
cate of  qualification  from  a  board  legally  authorized 
to  issue  the  same,  and  this  certificate  must  be  in 
force  at  the  time  of  entering  into  the  contract. 

All  of  the  statutory  provisions  for  these  contracts 
are  essential  parts  thereof,  and  must  be  enforced 
even  though  they  should  have  been  omitted  from 
the  written  contract.  This  has  become  the  law  of 
this  State  by  the  decision  of  the  Supreme  Court. 
In  the  case  in  question  the  court  held  that  the 
statute  that  requires  the  teacher  to  keep  a  list  of 
the  pupils  and  the  age  of  each  imposes  this  duty 
upon  the  teacher,  and  this  becomes  in  legal  effect  a 
part  of  his  contract  whether  the  written  contract 
expressly  stipulates  it  or  not.     30  Mich.,  249. 

In  all  other  respects  these  are  governed  by  the 
same  laws  and  rules  of  construction  that  govern 
other  contracts.  A  statute  provides  that  no  act 
authorized  to  be  done  by  the  district  board  shall  be 
valid  unless  voted  at  a  meeting  of  the  board.  Be- 
cause of  this  it  was  formerly  supposed  that  there 
must  be  a  regular  meeting  and  concert  of  action  by 
a  majority  of  the  board  at  such  meeting  in  order  to 
legally  engage  and  contract  with  a  teacher.  But 
the  Supreme  Court  of  this  State  has  held  that  when 


teachers'  contracts.       105 

a  contract  has  been  entered  into  and  there  has  been 
part  performance  on  the  part  of  the  teacher,  with- 
out objection  on  the  part  of  the  officers  or  of  any  of 
them,  such  action  will  cure  any  defect  that  might 
have  existed  because  of  irregularity  in  not  acting  at 
a  regularly  called  meeting  of  the  board. 

The  court  also  held  that  such  ratification  need 
not  be  a  direct  proceeding  to  that  end,  but  it  may 
be  shown  indirectly  by  acts  of  recognition  or  acqui- 
escence, or  acts  inconsistent  with  repudiation  or  dis- 
proval.  The  court  further  held  that  the  drawing  of 
the  teacher's  orders  for  wages  without  objection  by 
members  of  the  board  was  a  sufficient  approval  and 
recognition  of  the  contract. 

Crane  vs.  School  Dist.  No.  6,  61  Mich.,  299. 

The  statute  specifies  that  the  contract  shall  men- 
tion the  time  of  its  duration.  This  leaves  the 
matter  of  time  to  the  sound  discretion  of  the  board, 
but  it  has  been  decided  that  such  time  must  be 
reasonable  and  conducive  to  the  best  interests  of  the 
school. 

Upon  this  point  the  Superintendent  of  Public  In- 
struction for  the  State  of  New  York  decided,  upon 
appeal,  that  agreements  between  teachers  and  trus- 
tees that  either  party  may  terminate  the  contract  at 
any  time  are  against  public  policy  and  therefore 
void. 

Superintendent's  Decisions  for  '88. 

The  Superintendent  also  decided  that  a  contract 
for  one  day  only,  and  to  terminate  every   night,  is 


106       teachers'  contracts. 

without  the  sanction  of  law  or  good  usage  and  is 
thererefore  against  sound  policy.  It  was  also  de- 
cided that  what  is  a  reasonable  time  depends  upon 
the  circumstances  and  custom  in  each  case.  There- 
fore, if  such  a  contract  had  been  entered  into  be- 
tween a  school  board  and  a  teacher  and  a  custom 
of  hiring  teachers  for  a  given  number  of  months 
prevailed  in  the  locality,  this  custom  would  govern 
and  the  teacher  might  continue  her  work  for  that 
period  notwithstanding  the  provisions  of  the  written 
contract,  unless  the  teacher's  certificate  should  be 
suspended  or  annulled  for  cause  by  proper  officials. 

Superintendent's  Decisions  for  '87. 

See  Contra  School  Dist.  vs.  Colvin,  10  Kan.,  283. 

The  right  of  a  school  board  to  hire  a  teacher  for 
-a  term  extending  beyond  the  term  of  office  of  its 
members  has  been  questioned,  but  the  courts  have 
decided  that  this  may  be  done.  The  only  limita- 
tions placed  upon  this  power  is  that  the  period  for 
which  the  teacher  may  be  thus  engaged  must  be 
reasonable,  and  the  contract  must  be  made  in  good 
faith  and  without  collusion  and  fraud. 

The  board  of  trustees  for  a  graded  school  district 
for  the  State  of  New  York  engaged  a  principal  for 
three  years,  and  this  term  extended  beyond  the 
term  of  office  of  all  of  the  members  of  the  board. 
The  matter  was  contested  and  upon  an  appeal  for  his 
decision  the  Superintendent  said:  "I  am  of  the 
opinion  that  the  respondent  has  the  legal  authority 
to  employ  a  teacher  for  the  school  for  a  reasonable 


teachers'  contracts.  107 

time,  even  though  the  time  extends  beyond  the 
term  of  office  of  any  member  of  the  board,  and  I  am 
not  prepared  to  say  that  three  years  is  an  unreason- 
able long  one." 

Superintendent's  Decisions  for  '87. 

This  principle  is  also  fully  sustained  by  Supreme 
Court  decisions  found  in  the  following  reports: 

47  Mich.,  112;  63  Barb.,  174;  67  N.  Y.,  36;  7 
Wend.,  182;  4  Hill,   168. 

The  contract  of  a  teacher  who  is  a  minor  is 
governed  by  the  same  rules  of  common  law  that 
govern  the  contracts  of  other  minors,  and,  in  accord- 
ance with  these  rules,  the  district  is  bound  by  such 
contract  and  must  perform  all  its  provisions,  while 
the  minor  ma}*  decline  to  fulfill  its  terms.  In  such 
a  case  the  district  could  not  recover  damages  from 
the  minor  because  his  contract  is  voidable,  but  such 
damages  may  be  used  as  a  set  off  against  any  wages 
that  ma>*  be  due  the  teacher  from  the  district. 

See  Schouler  on  Domestic  Relations,  561. 

If  the  minor  enters  into  a  contract  with  the  knowl- 
edge or  consent  of  his  parent  or  guardian,  or  if  he 
is  compelled  to  support  himself  by  his  own  efforts, 
he  can  collect  his  wages  and  the  district  is  not  hold- 
ing for  further  payment  to  the  parent  or  guardian. 

15  Mass.,  272;  3  Bart.,  115;  23  Me.,  569. 

JANITOR    WORK. 

Although  the  teacher's  contract  may  not  contain 
a  stipulation  to  that  effect  the  teacher  is  bound  to 


IOS  JANITOR    WORK. 


take  reasonable  care  of  school  property  and  to  see 
that  it  is  not  wantonly  or  carelessly  defaced  by 
pupils.  But  this  duty  to  care  for  property  does  not 
extend  to  and  include  sweeping,  building  fires,  etc. 
This  class  Of  work  is  no  more  a  part  of  the  contract, 
unless  it  be  specified  therein,  than  the  chopping  of 
wood  or  building  of  fences  around  the  school-yard. 

Regarding  this  matter  the  Superintendent  of 
Public  Instruction  for  Missouri  decided  that  "A 
teacher  who  contracts  simply  to  teach  school  for  a 
given  number  of  months,  for  a  given  sum,  is  under 
no  obligation  to  cut  or  carry  in  the  fuel,  sweep  the 
school-house,  or  make  the  fires.  It  is  as  much  the 
duty  of  the  board  to  have  these  things  done  (by  the 
teacher  and  the  pupils  if  they  volunteer  to  do  them, 
or  by  paying  for  them  otherwise)  as  it  is  to  furnish 
a  broom  or  a  stove.  The  board  has  no  power  to 
compel,  by  rule,  either  teacher  or  pupils  to  do  these 
things.  But  there  will  never  be  any  trouble  over 
this  question  except  where  there  is  outside  meddle- 
someness and  internal  contrariness. 

Superintendent's  Decisions,  for  1878. 

See  Report  of  Supt.  Briggs,  for  1873. 

Also  State  School  Report  for  Kentucky,  1878,  p~ 
161. 

DETENTION   OF  PUPILS   AFTER  SCHOOL. 

It  sometimes  becomes  necessary  for  the  teacher  to 
detain  a  pupil  after  regular  school  hours,  either  as  a 
means  of  punishment  or  for  the  purpose  of  instruct- 


DETENTION  OF  PUPILS  AFTER  SCHOOL.         109 

ing  him  in  work  that  he  may  have  neglected  or 
omitted. 

This,  undoubtedly,  the  teacher  has  a  right  to  do, 
but  she  should  use  good  j  udgment  as  to  the  causes 
for  detention;  and  the  length  of  time  that  the  pupil 
is  detained  should  be  reasonable. 

Concerning  this  matter,  Superintendent  Daniel 
B.  Briggs,  in  his  excellent  comments  on  the  school 
laws  of  this  State  for  1873,  says:  "This  practice 
has  been  sanctioned  by  general  and  immemorial 
usage  among  schools,  and  by  the  authority  and 
consent  of  school  boards,  expressed  or  implied,  and 
has  been  found  useful  in  its  influence  and  results. 
There  is  no  law  defining  precisely  the  school  hours, 
as  they  are  termed,  or  the  hours  within  which  school 
is  to  be  kept.  This  is  regulated  by  usage,  or  by 
the  directions  of  the  school  boards,  varying  in 
different  localities,  and  also  in  different  seasons  of 
the  year.  The  practice  under  consideration,  of 
occasionally  detaining  pupils  after  the  regular  school 
hours  for  objects  connected  with  the  school  arrange- 
ments, rests  precisely  upon  the  same  authority. 
The  same  superintending  power  that  regulates  and 
controls  in  the  one  case,  does  the  same  thing  in  the 
other;  yet,  the  right  in  question  should  always  be 
exercised  by  teachers  with  proper  caution,  and  a 
due  regard  for  the  wishes  and  convenience  of 
parents." 

ABSENCE    ON  CHUBCH    HOLY    DAYS. 

The  Supreme  Court  of  Vermont  was  called  upon 


IIO  ABSENCE  ON  CHURCH  HOLY  DAYS. 

in  1876  to  decide  a  case  that  has  created  widespread 
discussion  and  interest  from  the  fact  it  decides  that 
a  school  board  has  authority  to  suspend  children 
from  school  for  absence  contrary  to  rules  requiring 
regular  attendance,  even  though  such  absence  be  at 
the  command  of  parents  or  a  religious  counselor, 
and  for  the  purpose  of  attending  religious  services 
on  a  regular  school  day. 

A  Catholic  priest  of  Brattleboro  had  requested 
the  school  board,  on  the  morning  of  a  holy  day,  by 
means  of  a  note,  to  excuse  Catholic  children  on  all 
holy  days;  and  the  board  replied  that  if  this  were 
done  it  would  necessitate  the  closing  of  two  schools 
and  greatly  interfere  with  the  work  in  several 
others,  and  for  these  reasons  they  could  not  grant 
the  request. 

The  day  in  question  was  Corpus  Christi  day,  and 
is  universally  observed  by  Catholics  as  a  holy  day. 
On  this  occasion  about  sixty  Catholic  children  were 
kept  from  school  by  their  parents  to  attend  church 
services,  and  this  without  first  obtaining  permission 
from  the  school  board,  who  had  declared  that  they 
could  not  grant  such  permission  even  if  so  requested. 

For  this  they  were  informed  by  the  board  that 
they  could  not  return  unless  they  gave  assurance 
that  they  would  in  the  future  conform  to  the  rule 
requiring  constant  attendance.  Both  the  parents 
and  the  priest  were  given  to  understand  that,  if  they 
could  assure  the  board  that  the  schools  would  not 
again  be  so  interrupted,  the  children  might  return. 


ABSENCE  ON  CHURCH  HOEY  DAYS.  1 1 1 

This  was  refused  and  the  claim  made  that  such 
parents  had  an  absolute  right  to  keep  their  children 
from  school  on  all  days  that  were  observed  by  them 
as  holy  days,  regardless  of  any  rule  to  the  contrary 
that  might  be  adopted  by  a  school  board. 

Upon  these  facts  an  action  was  brought  to  restrain 
the  board  from  enforcing  the  rule,  such  action  being 
based  upon  the  following  reasons: 

First.  "Their  constitutional  right  to  worship 
God  according  to  the  dictates  of  their  own  con- 
sciences, without  being  abridged  in  the  enjoyment 
of  their  civil  rights. 

Second.  "The  right  to  exercise  parental  au- 
thority and  government  over  their  children  as  re- 
gards their  moral  training  and  culture." 

Article  III,  of  the  Constitution  of  the  State  pro- 
vides "That  all  men  have  a  natural  and  inalienable 
right  to  worship  Almighty  God  according  to  the 
dictates  of  their  own  consciences  and  understand- 
ings, as  in  their  opinion  shall  be  regulated  by  the 
word  of  God;  *  *  and  no  authority  can  or  ought 
to  be  vested  in  or  assumed  by  any  power  whatever 
that  shall  in  any  case  interfere  with,  or  in  any 
manner  control,  the  rights  of  conscience  in  the  free 
exercise  of  religious  worship." 

In  the  course  of  the  opinion  the  Court  said,  '  'Arti- 
cle III  was  not  designed  to  subjugate  the  residue  of 

the  Constitution,  and  the  important  institutions 
and  appliances  of  the  government  provided  by  the 

enacted  laws  for  serving  the  highest  interests  of  the 


112  ABSENCE  ON  CHURCH  HOLY  DAYS. 

public  as  involved,  in  personal  condition  and  social 
relations,  to  the  peculiar  faith,  personal  judgment, 
individual  will,  or  wish  of  any  one  in  respect  to 
religion,  however  his  conscience  might  demand  or 
protest.  In  that  respect  it  is  implied  that  while 
the  individual  may  hold  the  utmost  of  his  religious 
faith,  and  all  his  ideas,  notions,  and  preferences  as 
to  his  religious  worship  and.  practice,  he  holds  them 
in  reasonable  subserviency  to  the  equal  rights  of 
others,  and  to  the  paramount  interests  of  the  public 
as  depending  on,  and  to  be  served  by,  general  laws 
and  uniform  administration." 

*  *  "Let  it  be  granted  that  parents  and 
others  upon  their  own  respective  reasons,  control 
the  attendance  of  scholars,  as  against  the  official 
right  of  the  committee  in  that  behalf,  and  practi- 
cally the  ground  of  system  and  order  and  improve- 
ment has  no  existence.  *  *  If  a  Catholic 
citizen  should  be  serving  on  a  jury  in  the  midst  of 
a  trial  when  Divine  service  in  his  church  on  holy 
Corpus  Christ!  should  be  in  progress,  would  it  be  a 
violation  of  his  rights  under  said  Art.  III.  to  com- 
pel him  to  keep  his  seat  and  serve  through  the  trial? 
The  same  may  be  asked  of  the  Jew  or  the  Seventh- 
day  Advent,  who  should  be  required  to  do  like  ser- 
vice on  Saturday.  The  same  may  be  asked  of  a 
devout  Methodist,  when  a  camp-meeting  or  a  love- 
feast  should  be  in  progress  in  his  vicinage.  If 
either,  or  all,  should  refuse  to  serve,  would  their 
rights   of    conscience    under    Art.    Ill    be   a   valid 


ABSENCE  ON  CHURCH  HOLY  DAYS.  113 

defence   in  a  prosecution  for  the   penalty  in  such 
case  provided?" 

*  *  "That  article  in  the  Constitution  was 
not  designed  to  exempt  any  person  or  persons  of 
any  sect,  on  the  score  of  conscience  as  to  matters  of 
religion,  from  the  operation  and  obligatory  force  of 
the  general  laws  of  the  State,  authorized  by  other 
portions  of  the  same  instrument,  and  designed  to 
serve  the  purposes  contemplated  b}^  such  other  por- 
tions; it  was  not  designed  to  exempt  any  persons 
from  the  same  subjection  that  others  are  under  to 
the  laws  and  their  administration,  on  the  score  that 
such  subjection  at  times  would  interfere  with  the 
performance  of  religious  rites,  and  the  observance 
of  religious  ordinances,  which  they  would  deem  it 
their  duty  to  perform  and  observe  but  for  such  sub- 
jection." 

Regarding  the  right  of  the  parents  to  '  'exercise 
parental  authority  and  government  over  their  child- 
ren as  regards  their  moral  training  and  culture," 
the  Court  said,  after  stating  that  the  object  of  the 
rule  is  to  secure  regular  and  constant  attendance  of 
pupils  and  the  general  welfare  of  the  whole  school, 
*  *  "If  the  orators  had  a  right  to  control  the 
attendance  of  their  children  as  against  that  rule, 
then  the  committee  had  not  the  right  to  maintain 
and  enforce  such  rule.  We  are  not  prepared  to 
sanction  a  view  of  the  subject  that  would  subor- 
dinate the  authority  of  the  committee,  in  the  matter 
of  the  "attendance  of  the  registered  scholars,  to  the 


114  ABSENCE  ON  CHURCH  HOLY  DAYS. 

will  of  parents.  On  the  other  hand,  we  do  not 
hesitate  to  hold  and  declare  as  a  matter  of  law  that, 
in  this  respect,  the  citizen  is  in  subordination  to  the 
lawful  rules  for  the  regulation  of  schools,  and  the 
improvement  of  scholars  in  learning;  and  this  is 
for  the  same  fundamental  reason  that  he  is  in  subor- 
dination to  the  statutes  themselves,  on  that  or  any- 
other  subject,  and  it  is  no  more  his  right  to  defy  or 
disregard  those  rules  than  it  is  to  defy  and  disregard 
any  statute  that  affects  him  as  a  citizen  in  respect 
to  schools,  or  any  other  subject  involving  the  com- 
mon weal,  as  it  is  to  be  provided  for  under  the  Con- 
stitution by  the  legislation  of  the  State." 

After  thus  sustaining  the  school  board  in  the  en- 
forcement of  the  rules  in  question  the  Court  declares, 
"It  is  easy  to  suppose  cases  in  which  such  enforce- 
ment would  be  beyond  the  lawful  right  of  the  com- 
mittee. The  rule  itself,  in  terms  and  intent,  con- 
templates as  a  penalty  only  where  permission  to  be 
absent  is  withheld  for  want  of  reasonable  cause 
shown.  In  case  of  casual  sickness  of  the  scholar; 
of  sickness  or  death  in  the  family  of  the  scholar; 
or  some  impediment,  like  fire  or  flood;  in  case 
of  various  incidents  of  current  life,  giving  occasion 
for  temporary  absence,  the  enforcement  of  the 
penalty  of  exclusion  would,  under  such  circum- 
stances, be  adjudged  to  be  unauthorized  under  the 
statutes  and  law  by  which  such  subject  is  governed." 


Undoubtedly  this  opinion  would  be  very  gener- 


ABSENCE  ON  CHURCH  HOLY  DAYS.  115 


ally  followed  by  the  courts  in  similar  cases,  and  it 
probably  settles  the  law  as  regards  the  right  of 
school  boards  to  enforce  rules  which  require  regular 
attendance  of  pupils  under  similar  circumstances- 
yet  it  must  be  admitted  that  it  will  appear  oppressive, 
arbitrary  and  unjust  to  many  who  are  sincere  in  the 
belief  that  they  are  in  duty  bound  to  attend  services 
upon  the  holy  days  of  their  church. 

And  the  experienced  teacher  will  rightly  con- 
clude that  to  refuse  these  children,  who  are  in  all 
other  respects  exemplary  and  obedient  scholars,  the 
privilege  of  attending  such  services  when  it  is  the 
wish  of  their  parents  that  they  should  do  so,  will 
occasion  more  trouble  and  bitter  feeling,  and  be  a 
greater  detriment  to  the  progress  and  welfare  of  the 
school  than  would  be  created  by  their  absence  on 
the  few  days  that  the  articles  of  faith  of  their  church 
may  require  them  to  engage  in  worship. 

For  these  reasons  it  is  highly  probable  that  in- 
stances will  be  very  rare  indeed  in  which  it  will  be 
found  necessary  to  enforce  such  a  rule,  a^id  that  a 
sense  of  fairness  and  a  desire  to  do  what  is  best  for 
all  concerned  will  prevent  teachers  and  school 
boards  from  excluding  pupils  from  the  benefits  of 
schools  under  such  circumstances. 

IRREGULAR   ATTENDANCE   AND    TARDINESS. 

There  are  many  instances  in  which  the  progress 
of  school  work  is  more  retarded  on  account  of  tardi- 
ness and  irregular  attendance  of  pupils  than  from 


-eft 


Il6     IRREGULAR  ATTENDANCE  AND  TARDINESS, 

all  other  causes  combined.  If  a  pupil  is  often 
absent  from  recitations  it  becomes  impossible  for 
him  to  keep  up  with  school  work.  The  lessons  re- 
cited by  the  class  during  his  absence  are  unlearned 
and  this  becomes  a  hinderance  to  him,  an  annoyance 
to  the  teacher  and  an  obstacle  to  the  progress  of  the 
whole  class. 

In  view  of  these  facts  and  for  the  benefit  of  the 
school,  school  boards  have  adopted  rules  requiring 
regular  and  -  punctual  attendance,  and  teachers 
have  enforced  suspension  because  of  non-compli- 
ance with  such  requirements,  and  such  action  has 
brought  these  matters  before  the  courts  for  adjudi- 
cation. 

A  case  of  this  class  was  decided  by  the  Supreme 
Court  of  Illinois  in  1872.  A  school  board  had 
made  a  rule  that  required  a  teacher  to  bar  the  door 
against  all  pupils  who  were  not  present  when  school 
was  called  to  order  in  the  morning.  This  rule  was 
enforced  and  an  action  was  brought  against  the 
proper  officials  to  determine  their  power  to  do  so. 
In  the  course  of  the  opinion  the  Court  said:  "The 
directors  undoubtedly  have  the  power  to  make 
and  cause  to  be  enforced  all  reasonable  rules  and 
regulations  for  the  government  of  schools  in  their 
respective  districts.  What  are  reasonable  rules  is  a 
question  of  law,  and  we  do  not  hesitate  to  declare 
that  a  rule  that  would  bar  the  doors  of  the  school- 
house  against  little  children  who  had  come  from  so 
great    a   distance  (a  mile  and  a  half)  in  the  cold 


IRREGULAR  ATTENDANCE  AND  TARDINESS.     117 

winter,  for  no  other  reason  than  that  they  were  a 
few  minutes  tardy,  is  unreasonable,  and  therefore 
unlawful.  In  its  practical  operation  it  amounts  to 
little  less  than  wanton  cruelty."  Thompson  vs. 
Begore,  63  111.,  356. 

Two  cases  were  brought  before  the  Supreme  Court 
of  Iowa  in  1871.  Among  other  rules  the  district 
board  adopted  one  that  required  the  suspension  of 
any  pupil  who  should  be  absent  six  half  days  in 
any  consecutive  four  weeks,  two  times  tardy  being 
counted  as  one  absence,  unless  the  pupil  was 
detained  by  sickness  or  other  unavoidable  cause. 
And  another  rule  that  required  all  cases  of  absence 
or  tardiness  to  be  certified  to  by  the  parent  or 
guardian  in  writing,  or  by  messenger. 

A  boy  had  been  both  tardy  and  absent,  and  the 
teacher  gave  notice  to  the  boy's  father  that  his  son 
was  suspended  under  the  above  rule,  but  that  he 
might  return  to  school  if  proper  excuse  was  given. 
The  father  answered  that  he  had  kept  his  son  at 
home  to  work,  and  the  trial  showed  that  he  was 
employed  in  preparing  shrubbery  for  winter,  taking 
care  of  two  cows,  and  attending  to  the  marketing 
for  the  family.  The  teacher  was  also  informed  that 
there  could  be  no  assurance  of  anything  different 
for  the  future,  and  that  the  father  claimed  the  right 
to  the  services  of  his  son  whenever  he  might  require 
them,  regardless  of  the  rule.  In  the  second  case 
the  parents  replied  that  their  daughter  was  kept  out 
of  school  to  go  upon  a  visit  with  them. 


Il8    IRREGULAR  ATTENDANCE  AND  TARDINESS. 

Action  was  brought  to  prevent  the  officers  from 
enforcing  the  first  rule  on  the  ground  that  it  was 
unreasonable,  oppressive,  and  unjust.  The  court 
held  that  the  rule  was  reasonable  and  sustained  the 
school  board  in  both  cases  of  suspension.  The 
opinion  was  given  b}^  Judge  Beck,  who  said:  "It 
requires  but  little  experience  in  the  instruction  of 
children  and  youth  to  convince  any  one  that  the 
only  means  which  will  assure  progress  in  their 
studies  is  to  .secure  their  attendance,  the  appli- 
cation of  the  powers  of  their  minds  to  the  studies 
in  which  they  are  instructed."  *  *  *  *  * 
"This  application  of  the  mind  in  children  is  secured 
by  interesting  them  ■  in  their  studies.  But  this 
cannot  be  done  if  they  are  at  school  one  day  and  at 
home  the  next,  if  a  recitation  is  omitted  or  a  lesson 
left  unlearned  at  the  whim  or  convenience  of 
parents.  In  order  to  interest  a  child  he  must  be 
able  to  understand  the  subject  in  which  he  is  in- 
structed. If  he  has  failed  to  prepare  previous  les- 
sons he  will  not  understand  the  one  which  the 
teacher  explains  to  him.  If  he  is  required  to  do 
double  duty,  and  prepare  a  previous  lesson,  omitted 
to  make  a  visit  or  do  an  errand  at  home,  with  the 
lesson  of  the  day,  he  will  fail  to  master  them  and 
become  discouraged.  The  inevitable  consequence 
is  that  his  interest  flags  and  he  is  unable  to  apply 
the  powers. of  his  mind  to  the  studies  before  him. 
The  rule  requiring  constant  and  prompt  attendance 
is  for  the  good  of  the  pupil  and  to  secure  the  very 


IRREGULAR  ATTENDANCE  AND  TARDINESS.    119 

objects  the  law  had  in  view  in  establishing  public 
schools.     It  is  therefore   reasonable   and   proper." 

*  *  *  '  'Tardiness,  that  is,  arriving  late  is  a 
direct  injury  to  the  whole  school.  The  confusion 
of  hurrying  to  seats,  gathering  together  of  books, 
etc. ,  by  tardy  ones,  at  a  time  when  all  should  be  at 
study,  cannot  fail  to  greatly  impede  the  progress  of 
those  who  are  regular  and  prompt  in  attendance. 
The  rule  requiring  prompt  and  regular  attendance 
is  demanded  for  the  good  of  the  whole  school." 

The  case  further  decides  that  although  it  was 
argued  that  the  rule  interferes  with  the  home  man- 
agement of  the  pupil,  and  deprives  the  parent  of  the 
right  to  the  services  and  society  of  his  child,  these 
were  not  valid  reasons  why  such  absence  or  tardi- 
ness should  be  allowed  to  interfere  with  the  proper 
management  and  advancement  of  the  school. 

Upon  the  point  that  absence  and  tardiness  were 
acts  committed  out  of  school  hours  it  was  decided 
that  inasmuch  as  such  acts  in  their  effects  and 
consequences  operate  upon  the  school,  they  were 
subject  to  the  control  of  proper  authority. 

Judge  Beck  also  declares  that  in  case  of  very 
poor  parents  who  may  really  need  the  aid  of  their 
children  to  help  earn  a  livelihood  for  the  family,  or 
to  attend  home  duties  while  parents  are  laboring, 
these  would  be  subject  to  the  "unavoidable  causes" 
given  in  the  first  rule;  and  that  school  boards  and 
teachers  should  permit  such  unavoidable  absence 
for  the  benefit  of  those  who  are  so  unfortunate. 


120    IRREGULAR  ATTENDANCE  AND  TARDINESS. 

Benedict  vs.  Babcock  and  Chandler  vs.  Babcock, 
31  Iowa,  562. 
See  also  Landers  vs.  Seaver,  32  Vt.,  114. 
Sherman  vs.  Charlestown,  8  Cush.,  160. 
Spiller  vs.  Woburn,  12  AIL,  127. 
Donahoe  vs.  Richards,  38  Me.,  379. 
Russel  vs.  Lynnfield,  116  Mass.,  366. 
King  vs.  Jefferson  City  School  Board,  71  Mo.,  628. 

ACTS   OF  PUPILS   COMMITTED   OUT  OF    THE    SCHOOL 

BOOM. 

The  question  as  to  who  shall  have  control  of 
pupils  in  relation  to  acts  committed  outside  of  the 
school  room  and  on  the  way  to  and  from  school 
frequently  creates  much  discussion,  and  in  many 
instances  it  becomes  a  perplexing  matter  for  teachers 
and  school  boards.  It  has  frequently  been  before 
the  courts  and  a  careful  examination  will  warrant 
the  following  statement  as  to  the  principle  that 
applies  in   these  cases: 

If  the  act  committed  by  the  pupil  is  of  such  a 
nature  that  its  consequences  reflect  directly  upon 
the  school  so  as  to  create  disorder  therein,  or  to  be- 
come detrimental  to  discipline  or  the  general  wel- 
fare of  the  school,  then  the  teacher  or  the  school 
board  has  authority  to  act  in  the  matter  wherever 
the  aet  may  be  committed. 

This  may  be  regarded  as  a  broad  principle  to  lay 
down  but  it  is  supported  by  courts  of  the  highest 
authority.     Of  course,   the  place  and  nature  of  the 


IRREGULAR  ATTENDANCE  AND  TARDINESS.    12 L 

act  must  both  be  taken  into  consideration  in 
assuming  control  over  the  pupil;  and  what  might 
justify  action  by  the  teacher  in  one  instance  should, 
in  another,  of  a  different  nature  or  in  a  more  re- 
mote place,  be  referred  to  the  school  board. 

The  case  that  justifies  the  above  statement  was 
decided  by  the  Supreme  Court  of  Vermont  in. 
1859.  School  had  closed  and  the  pupil,  a  boy- 
of  about  eleven  years  of  age,  had  returned  tO' 
his  home.  About  one  hour  and  a  half  after  the- 
close  of  school  and  after  he  had  reached  home  and  was. 
driving  his  father's  cow  from  the  pasture,  at  this, 
time  and  in  the  presence  of  other  pupils  of  the 
same  school,  while  the  teacher  was  passing,  he 
referred  to  him  as  "Old  Jack  Seaver"  in  a  con- 
temptuous and  insulting  tone. 

The  next  morning  the  teacher  called  upon  the 
•  pupil  to  account  for  his  conduct  of  the  evening  pre- 
vious, and  then  punished  him  with  a  small  rawhide- 
whip.  Upon  these  facts  an  action  of  trespass  was 
instituted  against  the  teacher  for  an  assault  and 
battery. 

In  the  course  of  the  opinion  the  Court  said,  "The^ 
first  question  presented  is,  has  a  schoolmaster  the 
right  to  punish  his  pupils  for  acts  of  misbehavior 
committed  after  the  school  has  been  dismissed,  and' 
the  pupil  has  returned  home  and  is  engaged  in  his. 
father's  service?  It  is  conceded  that  his  right  to. 
punish  extends  to  school  hours,  and  there  seems- 
to  be  no  reasonable  doubt  that  the  supervision  and. 


122    IRREGULAR  ATTENDANCE  AND  TARDINESS. 

control  of  the  master  over  the  scholar  extends  from 
the  time  he  leaves  home  to  go  to  school  till  he  re- 
turns home  from  school. ' ' 

*  *  *  "But  in  this  case,  as  appears  from  the 
bill  of  exceptions,  the  offense  was  committed  an 
hour  and  a  half  after  the  school  was  dismissed,  and 
after  the  boy  had  returned  home  and  while  he  was 
engaged  in  his  father's  service.  When  the  child 
has  returned  home,  or  to  his  parents'  control  then 
the  parental  authority  is  resumed  and  the  control  of 
the  teacher  ceases,  and  then,  for  all  ordinary  acts  of 
misbehavior,  the  parent  alone  has  the  power  to 
punish. 

"It  is  claimed,  however,  that  in  this  case  the  boy, 
'while  in  the  presence  of  other  pupils  of  the  same 
school,  used  towards  the  master  and  in  his  hearing 
contemptuous  language,  with  a  design  to  insult  him, 
and  which  had  a  direct  and  immediate  tendency  to 
bring  the  authority  of  the  master  over  his  pupils 
into  contempt,  and  lessen  his  hold  upon  them  and 
his  control  over  the  school.'  "     *     *     * 

"This  misbehavior,  it  is  especially  to  be  observed, 
has  a  direct  and  immediate  tendency  to  injure  the 
school,  to  subvert  the  master's  authority,  and  to 
beget  disorder  and  insubordination.  It  is  not  mis- 
behavior generally  or  towards  other  persons,  or 
^even  towards  the  master  in  matters  in  no  way  con- 
nected or  affecting  the  school.  For  as  to  such  mis- 
conduct,   committed  by  the  child  after  his  return 


IRREGULAR  ATTENDANCE  AND  TARDINESS.     1 23 

home  from  school,  we  think  the  parents,   and  they 
alone,  have  the  power  of  punishment." 

"But  where  the  offense  has  a  direct  and  immediate 
tendency  to  injure  the  school  and  bring  the  master's 
authority  into  contempt,  as  in  this  case,  when  done 
in  the  presence  of  other  scholars  and  of  the  master 
and  with  a  design  to  insult  him,  we  think  he  has 
the  right  to  punish  the  scholar  for  such  acts  if  he 
comes  again  to  school.  The  misbehavior  must  not 
have  merely  a  remote  and  indirect  tendency  to 
injure  the  school." 

'  'All  improper  conduct  or  language  may  perhaps 
have,  by  influence  and  example,  a  remote  tendency 
of  that  kind.  But  the  tendency  of  the  acts  so  done 
out  of  the  teacher's  supervision,  for  which  he  may 
punish,  must  be  direct  and  immediate  in  their  bear- 
ing upon  the  welfare  of  the  school,  or  the  authority 
of  the  master  and  the  respect  due  to  him."     *     * 

Acts  done  to  injure  or  deface  the  school-room,  to 
destroy  the  books  of  scholars,  or  the  books  or 
apparatus  for  instruction,  or  the  instruments  of  pun- 
ishment of  the  master;  language  used  to  other 
scholars  to  stir  up  disorder  and  insubordination,  or 
to  heap  odium  and  disgrace  upon  the  master; 
writings  and  pictures  placed  so  as  to  suggest  evil 
and  corrupt  language,  images  and  thoughts  to  the 
youth  who  must  frequent  school — all  such  or  similar 
acts  tend  directly  to  impair  the  usefulness  of  the 
school,  the  welfare  of  the  scholars,  and  the  authority 
of  the  master." 


124  SELECTION   OF   STUDIES. 

"By  common  consent  and  by  the  uniform  custom 
in  our  New  England  schools  the  master  has  always 
been  deemed  to  have  the  right  to  punish  such 
offenses.  Such  power  is  essential  to  the  preserva- 
tion of  order,  decency,  decorum,  and  good  govern- 
ment in  schools." 

Lander  vs.  Seaver,  32  Vt.,  114. 

See  also  Benedict  vs.  Babcock,  31  la.,  562. 

Sherman  vs.  Charlestown,  8  Cush.,  160. 

SELECTION   OF  STUDIES. 

It  is  provided  that  the  district  board  shall  specify 
the  studies  to  be  pursued,  and  prescribe  the  text- 
books to  be  used.  This  provision  is  made  to 
secure  a  course  of  study  for  the  school  as  an  en- 
tirety, and  does  not  contemplate  that  the  board 
shall  specify  the  particular  studies  that  each  pupil 
shall  pursue.  This  matter  is  almost  universally 
left  to  the  judgment  of  the  teacher,  who,  because  of 
his  peculiar  knowledge  of  the  capabilities  of  the 
child  and  of  the  advancement  he  has  already  made, 
is  usually  better  qualified  to  determine  what  are  the 
needs  of  the  pupil  than  any  other  person  can  be. 

But  notwithstanding  this  there  seems  to  be  a 
direct  conflict  between  the  decisions  of  able  courts 
on  this  question;  for  it  has  been  decided  that  a 
parent  has  the  paramount  right  to  make  a  reason- 
able choice  of  the  studies  in  the  course  prescribed 
by  the  school  board,  and  may  require  that  his  child 
shall  be  instructed  in  such  studies,  notwithstanding 


SELECTION   OF   STUDIES.  1 25 

the  teacher  may  insist  that  such  child  shall  pursue 
a  different  study,  or  a  study  in  addition  to  the  ones 
selected  by  the  parent. 

This  view  is  based  mainly  upon  a  decision  of 
the  Supreme  Court  of  Wisconsin.  This  was  writ- 
ten by  Judge  Cole  and  has  occasioned  much  dis- 
cussion in  both  legal  and  educational  circles. 

In  this  case  a  parent  had  sent  his  son,  twelve 
years  of  age,  to  school,  and  had  given  him  direc- 
tions to  study  orthography,  reading,  writing,  and 
arithmetic,  and  to  make  a  specialty  of  the  latter 
study,  as  he  desired  him  to  assist  in  keeping  ac- 
counts. The  teacher  required  the  boy  to  study 
geography  in  addition  to  the  topics  named.  Then 
the  father  ordered  his  son  not  to  study  geography 
but  to  devote  his  time  to  the  studies  he  had  already 
selected.  Upon  being  informed  of  this  action  on 
the  part  of  the  parent  the  teacher  insisted  that  the 
boy  was  under  her  control  in  this  regard  and,  be- 
cause of  the  pupil's  refusal  to  obey  her,  resorted  to 
corporal  punishment  to  enforce  her  commands. 
Upon  these  facts  the  father  instituted  a  criminal 
prosecution  against  the  teacher  for  an  assault  and 
battery  committed  upon  the  boy. 

Upon  the  trial  of  the  cause  the  Circuit  Judge, 
among  other  instructions,  charged  the  jury  that 
"  When  a  parent  sends  his  child  to  a.  district  school 
he  surrenders  to  the  teacher  such  authority  over 
the  child  as  is  necessary  to  the  proper  government 
of  the  school,  the  classification  and  instruction  of 


126  SELECTION  OF  STUDIES. 

the  pupils,  including  what  studies  each  scholar 
shall  pursue,  these  studies  being  such  as  are  required 
by  law,  or  are  allowed  to  be  taught  in  public 
schools."  And  again,  "  But  when  the  differences 
were  irreconcilable  on  the  subject,  the  views  of  the 
parent  in  that  particular  must  yield  to  those  of  the 
teacher,  and  that  the  parent,  by  the  very  act  of 
sending  his  child  to  school,  impliedly  undertakes  to 
submit  all  questions  in  regard  to  study  to  the  judg- 
ment of  the  teacher." 

The  jury  brought  in  a  verdict  in  favor  of  the 
teacher,  but  upon  appeal  the  Supreme  Court  re- 
versed this  judgment  and  with  reference  to  the 
charge  of  the  Circuit  Judge,  above  cited  said: 

"In  our  opinion  there  is  great  and  fatal  error 
in  this  part  of  the  charge,  particularly  when  applied 
to  the  facts  in  this  case,  in  asserting  or  assuming 
the  law  to  be  that,  upon  an  irreconcilable  difference 
of  views  between  the  parent  and  teacher  as  to  what 
studies  the  child  shall  pursue,  the  authority  of  the 
teacher  is  paramount  and  controling,  and  that  she 
had  the  right  to  enforce  obedience  to  her  commands 
by  corporal  punishment."  *  *  "We  do  not 
really  understand  that  there  is  any  recognized  prin- 
ciple of  law,  nor  do  we  think  that  there  is  any  rule 
of  moral  or  social  usage,  which  gives  a  teacher  an 
absolute  right  to  prescribe  and  dictate  what  studies 
a  child  shall  pursue,  regardless  of  the  wishes  or 
views  of  the  parent,  and,  as  incident  to  this,  gives 


SELECTION  OF  STUDIES.  \2J 

the  right  to  enforce  obedience  even  as  against  the 
orders  of  the  parent." 

*  *  *  « 'Now  we  can  see  no  reason  what- 
ever for  denying  to  the  father  the  right  to  direct 
what  studies,  in  the  prescribed  course  his  child 
shall  take.  He  is  as  likely  to  know  the  health,  tem- 
perament, aptitude,  and  deficiencies  of  his  child  as 
the  teacher,  and  how  long  he  can  send  him  to  school. 
All  these  matters  ought  to  be  considered  in  deter- 
mining the  question  what  particular  studies  the 
child  should  pursue  at  a  given  term.  And  where 
the  parent's  wishes  are  reasonable,  as  they  seem  to 
have  been  in  the  present  case,  and  the  teacher  could 
in  no  way  have  been  embarrassed,  her  conduct  in 
not  respecting  the  order  given  the  boy  was  un- 
justifiable. If  she  had  allowed  the  child  to  obey 
the  commands  of  his  father  it  could  not  possibly 
have  conflicted  with  the  efficiency  or  order  or  well- 
being  of  the  school.  The  parent  did  not  propose  to 
interfere  with  the  gradation  or  classification  of  the 
school,  or  with  any  of  its  rules  and  regulations,, 
further  than  to  assert  his  right  to  direct  what  studies, 
his  boy  should  pursue  that  winter.  And  it  seems 
to  us  a  most  unreasonable  claim  on  the  part  of  the 
teacher  to  say  that  the  parent  has  not  that  right,, 
and,  further,  to  insist  that  she  was  justified  in 
punishing  the  child  for  obeying  the  order  of  his 
father  rather  than  her  own." 

*       *       *       "It  seems  to  us  that  it  is  idle  to 
say  that  the  parent,  by  sending  his  child  to  school,, 


J 28  SELECTION   OF  STUDIES. 

impliedly  clothes  the  teacher  with  that  power  in  a 
•case  where  the  parent  expressly  reserves  the  right 
to  himself,  and  refuses  to  submit  to  the  judgment 
of  the  teacher  the  question  as  to  what  studies  his 
boy  should  pursue." 

*  *  "Certain  studies  are  required  to  be 
taught  in  the  public  schools  by  statute.  The  rights 
of  one  pupil  must  be  so  exercised,  undoubtedly,  as 
not  to  predjudice  the  equal  rights  of  others.  But 
the  parent  has  the  right  to  make  a  reasonable 
selection  from  the  prescribed  studies  for  his  child  to 
pursue,  and  this  cannot  possibly  conflict  with  the 
«equal  rights  of  other  pupils. 

In  the  present  case  the  defendant  did  not  insist 
that  his  child  should  take  any  study  outside  of  the 
prescribed  course.  But,  considering  that  the  study 
of  geography  was  less  necessary  for  his  boy  at  that 
time  than  some  other  branches,  he  desired  him  to 
'devote  all  his  time  to  orthography,  reading,  writing 
and  arithmetic." 

*  *  "He  wished  to  exercise  some  control 
over  the  education  of  his  son,  and  it  is  impossible 
to  say  that  the  choice  of  studies  which  he  made 
was  unreasonable  or  inconsistent  with  the  welfare 
and  best  interest  of  his  offspring,  and  how  it  will 
result  disastrously  to  the  proper  discipline,  effi- 
ciency, and  well-being  of  the  common  schools  to 
concede  this  paramount  right  to  the  parent  to  make 
a  reasonable   choice  from    the   studies   in  the  pre- 


SELECTION   OF   STUDIES.  1 29 


scribed  course,    which  his  child  shall  pursue,  is  a 
proposition  we  cannot  understand." 

*  *  "It  is  unreasonable  to  suppose  any 
scholar  who  attends  school  can  or  will  study  all  the 
branches  taught  in  it.  From  the  nature  of  the  case 
some  choice  must  be  made,  and  some  discretion  be 
exercised  as  to  the  studies  which  the  different 
pupils  shall  pursue.  The  parent  is  quite  as  likely 
to  make  a  wise  and  judicious  selection  as  the 
teacher.  At  all  events,  in  case  of  a  difference  of 
opinion  between  the  parent  and  the  teacher  upon 
the  subject,  we  see  no  reason  for  holding  that  the 
views  of  the  teacher  must  prevail."       *       * 

Morrow  vs.  Wood,  35  Wis.,  59. 

See  also  Rulison  vs.  Post,  79  111.,  567. 

Trustees  vs.  The  People,  87  111.,  303. 

The  opinion  has  been  expressed  that  this  decision 
only  established  the  fact  that  the  teacher  was  not 
justified  in  punishing  the  boy  for  obeying  his 
father's  commands  rather  than  her  own.  But  it 
seems  very  clear  that  this  is  not  the  case,  and  that 
the  court  very  emphatically  decides  that  the  father 
had  "the  right  to  direct  what  studies  in  the  prescribed 
course  his  child  should  take." 

Other  courts  have  expressed  far  different  views 
upon  this  subject  and  have  rendered  opinions  that 
are  in  direct  conflict  with  those  of  Wisconsin  and 
Illinois. 

In  1876,  the  Supreme  Court  of  Ohio  decided 
where   the    statute   authorized   a    school  board  to 


130  SELECTION  OF  STUDIES. 

determine  "what  studies  and  parts  of  studies  shall 
be  taught,"  the  pupils  attending  the  school  are 
bound  to  comply  with  the  rules  of  the  school  and 
take  such  studies  as  are  in  the  prescribed  course. 
In  this  case  a  boy  refused  to  study  rhetoric,  and 
was  sustained  in  this  refusal  by  his  father;  and  the 
teacher,  with  the  approval  of  the  school  board,  sus- 
pended him.  Then  the  father  instituted  a  civil 
action  for  damages  for  such  suspension,  but  failed 
in  his  suit,  the  court  deciding  that  the  right  to 
select  the  studies  to  be  pursued  rested  with  the 
board  and  not  with  the  pupil  or  his  father. 

Sewell  vs.  Board  of  Ed.,  29  O.  St.  Rep.,  89. 

It  will  be  noticed  that,  unlike  the  Wisconsin 
case  this  decision  determines  a  conflict  of  rights 
between  the  school  board  and  parent  or  pupil,  but 
it  also  determines  that  the  father  does  ?wt  have  the 
right  to  decide  what  studies  his  son  shall  or  shall 
not  pursue. 

But  in  1879  the  Supreme  Court  of  New  Hamp- 
shire rendered  a  decision  directly  upon  the  respect- 
ive rights  of  the  teacher  and  parent  regarding  the 
selection  of  studies  to  be  pursued  by  the  child,  and 
declared  that  they  could  not  follow  the  precedent 
established  by  the  court  of  Wisconsin. 

In  this  case  the  teacher  had  required  his  pupils 
to  take  part  in  rhetorical  exercises.  The  pupil,  fol- 
lowing the  advice  of  his  parents,  refused  to  comply 
with  this  requirement.  The  teacher  then  gave  him 
four  or  five  days  in  which  to  obey  his  rules  in  this 


SELECTION  OF  STUDIES.  131 


respect,  and  told  him  that  if  he  did  not  do  so  by 
the  time  set  he  must  leave  the  school.  On  the 
morning  of  this  day  the  boy  came  to  school  and 
was  sent  home  to  remain  until  he  consented  to  con- 
form to  the  rule.  He  came  back  in  the  afternoon, 
but  still  refused  to  comply  with  the  regulation. 
Then  he  was  requested  to  leave  and  upon  refusal  to 
do  so,  was  put  out  of  the  school-house  by  such  force 
as  was  necessary.  There  were  other  facts  in  the 
case,  but  with  reference  to  those  stated,  the  Court 
said:  "The  plaintiff  was  informed  that  he  must 
submit  to  the  rule  in  question  by  declaiming  on 
Feb.  3rd,  or  leave  the  school.  By  remaining,  he 
tacitly  consented  to  submit,  and  gave  the  defend- 
ant authority  to  compel  obedience;  or  he  was  a 
trespasser,  and  the  defendant  had  a  right  to  expel 
him.  If  Morrow  vs.  Wood,  35  Wis.,  59,  sustains 
this  action,  we  are  u?iable  to  follow  the  decision  in  that 


case/1 


*  *  "The  power  of  each  parent  to  decide 
the  question  what  studies  the  scholar  should  pur- 
sue, or  what  exercises  they  should  perform,  would 
be  a  power  of  disorganizing  the  school,  and  practi- 
cally rendering  it  substantially  useless.  However 
judicious  it  may  be  to  consult  the  wishes  of  the 
parents,  the  disintergrating  principle  of  parental 
authority  to  prevent  all  classification  and  destroy 
all  system  in  any  school,  public  or  private,  is  un- 
beknown to  the  law.  As  no  unnecessary  force  was 
used  to  remove  the  plaintiff  from  the  house  for  non- 


132  SELECTION   OF   STUDIES. 

compliance  with  a  reasonable  and  useful  regulation 
of  the  school,  the  plaintiff  cannot  recover,  and  the 
defendant  is  entitled  to  judgment  on  the  report." 


Here  we  have  a  direct  conflict  between  courts  of 
last  resort  upon  a  matter  that  concerns  the  manage- 
ment, discipline,  and  progress  of  common  schools. 
One  court  holds  that  the  parent  has  the  right  to 
select  studies,  the  other  that  he  has  not;  another 
holds  that  the  right  belongs  to  the  school  board, 
and  still  another  that  it  does  not,  and  that  the 
parent  has  the  right  of  selection. 

In  view  of  this  conflict  let  us  examine  the  state 
of  affairs  that  must  exist  in  any   or  every  school  if 
the  principles  enunciated  by  the  Wisconsin  court 
are  to  be  followed,  and  the  parent  is  to  direct  what 
studies  his  child  shall  pursue.      Suppose  that  all 
the  members  of  a  given  class  are  duly  qualified  and 
are    studying    reading,     spelling,     arithmetic    and 
geography.     Now,  Mr.  Smith  decides  that  his  son 
Tom  shall  not  study  geography,   and  that  he  shall 
study  the  remaining  topics  and  pay  particular  at- 
tention to  arithmetic;  Mr.  Jones  determines  that  his 
son  Dick  shall  not  study  arithmetic  and  shall   de- 
vote  that  time  to  geography;   Jenkins   announces 
that  his  Harry  shall   not  study  spelling  and  shall 
give  special    attention   to   writing.       When  Tom, 
Dick,   and  Harry   have   each    pursued  his  favorite 
study  for  a  given  time  it  will  be  discovered  that 
each  is  in  advance  of  the  rest  of  the  class  in  that 


SELECTION   OF  STUDIES.  1 33 

study.  He  is  now  pursuing  the  study  alone  and 
must  have  more  or  less  assistance  from  the  teacher 
or  he  will  fall  into  incorrect  habits  of  study,  and 
form  incorrect  ideas  of  the  subject  under  considera- 
tion. 

If  the  -teacher  assists  him  in  this  advanced  work 
in  order  to  keep  him  right,  it  takes  extra  time  and 
this  becomes  a  detriment  to  the  rest  of  the  class  and 
the  whole  school.  If  she  does  not  do  this  the  in- 
correct notions  that  each  has  fallen  into  will  be  a 
hinderance  to  the  remainder  of  the  class  at  the 
regular  recitation.  Hence,  in  either  case,  this 
state  of  affairs  must  prove  detrimental  to  the  well- 
being  of  the  school.  In  other  words,  such  a  plan 
must  necessarily  result  in  disorder. 

For  this  reason,  that  is  to  secure  the  well-being 
of  the  school  as  a  unit,  in  order  to  secure  the  great- 
est good  to  the  greatest  number,  there  must  be  a 
recognized  head  for  the  school.  Some  one  must 
have  the  power  of  arranging  classes  and  of  directing 
what  studies  each  shall  pursue. 

This  undoubtedly  should  be  the  teacher  and  not 
the  parent,  for  in  that  case  there  would  be  as  many 
managers  as  there  are  families  in  the  district. 

Therefore,  we  can  but  conclude  that,  with  all  due 
deference  to  the  opinion  of  the  learned  members  of 
the  Supreme  Courts  of  Wisconsin  and  Illinois  in 
other  matters,  the  experienced  teacher,  and  probably 
many  jurists,  will  be  of  the  opinion  that  the  prin- 
ciple  announced   by   those   courts   would  be  con- 


134     USE  OF  THE  BIBLE  IN  THE  SCHOOL  ROOM. 

ducive  to  disorder  and  prove  an  obstacle  to  correct 
work  in  the  school-room,  and  hence  that  it  is  not 
good  law. 

USE  OF  THE  BIBLE  IN  THE  SCHOOL  ROOM. 

There  are  few  matters  connected  with  school 
work  that  have  created  such  bitter  discussions  and 
controversies  as  the  use  of  the  Bible  in  schools,  the 
pupils  of  which  are  of  conflicting  religious  views 
and  modes  of  worship. 

Such  controversies  arise  between  pupils  or  parents 
who  believe  in  the  teachings  of  the  Protestant  Bible 
and  those  who  are  of  the  Catholic  faith;  or,  per- 
haps between  either  of  these  and  the  Jew,  who 
believes  in  the  teachings  of  neither. 

A  statute  provides  that  the  district  board  '  'shall 
specify  the  studies  to  be  pursued' '  and  '  'shall  have 
the  general  care  and  management  of  the  school,  and 
shall  make  and  enforce  suitable  rules  and  regula- 
tions for  its  government  and  management." 

It  follows  that  the  matter  of  determining  whether 
or  not  a  school  shall  be  opened  by  reading  a  portion 
of  the  Bible,  or  with  prayer,  rests  solely  with  the 
school  board,  because  of  the  fact  the  board  has  the 
general  management  of  the  school,  and  such  man- 
agement extends  to  the  general  exercises  adopted 
by  the  board  and  carried  into  effect  by  the  teacher. 

Doubtless  there  are  cases  where  the  exercise  of 
such  authority  becomes  detrimental  to  the  well- 
being  of  the  school,   but,  although   there  are  decis- 


USE  OF  THE  BIBLE  IN  THE  SCHOOL  ROOM.     1 35 

ions  to  the  contrary,    the  great  weight  of  authority 
supports  this  proposition. 

In  accordance  with  a  statutory  provision  sectarian 
schools  are  barred,  and  it  is  apparently  the  spirit 
and  intent  of  the  laws  of  this  State  to  prevent 
sectarian  teaching  in  the  public  schools.  But  Su- 
preme Courts  have  very  generally  held  that  where 
these  exercises  consist  of  reading  a  portion  of  the 
Scriptures  without  comment,  or  of  repeating  the 
Lord's  prayer,  these  and  other  similar  exercises  are 
not  sectarian  in  character,  because  of  the  fact  they 
do  not  extend  to  the  teaching  of  any  particular 
faith,  and  those  who  may  hear  or  take  part  in  them 
are  in  no  way  required  to  assent  to  or  deny  their 
truth  or  falsity. 

Regarding  the  constitutionality  of  such  a  law, 
Judge  Cooley  says  that  where  the  law  gives  the 
board  discretion  to  require  the  reading  of  the  Bible 
as  a  general  exercise,  the  courts  have  refused  to 
interfere  with  such  discretion;  and  that  no  court  of 
last  resort  has  ever  held  that  a  rule  adopted  by  a 
public  school-board,  requiring  that  the  Bible  should 
be  read  in  the  schools  under  its  charge  is  unconsti- 
tutional. On  the  contrary,  it  has  been  held  by  the 
highest  courts  in  several  of  the  States  that  such  a 
rule  is  entirely  proper  and  not  unconstitutional. 
Cooley  on  Torts,  289. 

The  Supreme  Court  of  Maine  has  rendered  a  de- 
cision that  supports  these  principles.  A  school- 
board  of  that  State  required  that  all  pupils   who 


136 


USE  OF  THE  BIBLE  IX  THE  SCHOOL  ROOM. 


could  do  so  should  read  from  the  Protestant  Bible. 
A  member  of  the  school,  a  Catholic  girl,  refused  to 
obey  the  rule  because  of  conscientious  religious 
scruples,  and  because  she  believed  it  sinful  to  do  so, 
and  for  such  refusal  she  was  expelled  from  the 
school.  For  this  expulsion  she  brought  an  action 
against  the  school  board,  but  the  Supreme  Court 
decided  in  favor  of  the  defendants. 

In  the  course  of  the  opinion  the  Court  uses  the 
following  langua'ge:  "The  power  of  selection  (of 
books)  is  general  and  unlimited.  The  manner  of 
its  exercise  must  depend  upon  the  judgment,  dis- 
cretion, and  intelligence  of  the  different  committees. 
The  actual  selection  at  a  given  time  and  place  de- 
pends upon  the  views  and  opinions  of  those  upon 
whom  the  law  devolves  this  duty.  The  power  of 
ultimate  decision  must  rest  somewhere.  Xo  right 
of  appeal  is  granted.  Xo  power  of  revision  is  con- 
ferred upon  any  other  tribunal."  *  *  "This 
Court  cannot  make  an  affirmative  rule  as  to  what 
books  shall  be  selected,  nor  a  negative  rule  pre- 
scribing what  shall  not  be  used,  if  the  right  to 
select  be  exercised  in  conformity  with  existing 
statutes  and  the  Constitution." 

*  *  "The  committee  may  enforce  obedience 
to  all  regulations  within  the  scope  of  their  authority. 
If  they  may  select  a  book,  they  may  require  the  use 
of  the  book  selected.  If  the  plaintiff  may  refuse  to 
read  in  one  book,  she  may  in  another,  unless,  for 
some   cause,  she  is  exempt   from  the  duty  of  obe- 


USE  OF  THE  BIBLE  IN  THE  SCHOOL  ROOM.      1 37 

dience.  If  she  may  decline  to  obey  one  require- 
ment, rightfully  made,  then  she  may  another,  and 
the  discipline  of  the  school  is  at  an  end.  It  is  for 
the  committee  to  determine  what  misconduct  re- 
quires expulsion." 

#  *  "The  question,  therefore,  is  whether,  if 
the  legislature  should  by  statute  direct  any  version 
of  the  Bible  to  be  read  in  schools,  and  should  im- 
pose the  penalty  of  expulsion,  in  the  case  of  refusal, 
such  statute  would  be  a  violation  of  the  Constitu- 
tion. The  use  of  the  Bible  as  a  reading  book  is  not 
prohibited  by  any  express  language  of  the  Con- 
stitution. Is  its  use  for  that  purpose  in  opposi- 
tion to  the  spirit  and  intent  of  that  instrument?  If 
it  be  not,  if  it  be  a  book  which  may  be  directed, 
within  the  spirit  and  meaning  of  the  Constitution, 
to  be  used  in  schools,  it  is  obvious  that  its  use  may 
be  required  by  all."        *       * 

"The  case  finds  that  the  authorities  of  the  sect  of 
which  the  plaintiff  is  a  member  regard  it  sinful  to 
read  in  the  version  directed  by  the  defendants;  but 
if  a  book  is  to  be  excluded  for  that  cause  in  one 
instance,  it  must  be  in  all,  and  the  use  of  books 
would  be  made  to  depend,  not  upon  the  judgment 
of  those  to  whom  the  law  entrusts  their  selection, 
but  upon  the  authorities  of  a  church,  so  that  each 
sect  would  have  precedence  as  a  sect  and  for  that 
cause." 

*       *        "The    real    inquiry    is,    whether    any 
book  opposed  to  the  real  or  asserted  conscientious 


138     USE  OF  THE  BIBEE  IN  THE  SCHOOE  ROOM. 

views  of  a  scholar  can  be  legally  directed  to  be  used 
as  a  school-book,  in  which  such  scholar  can  be 
required  to  read.  The  claim,  on  the  part  of  the 
plaintiff,  is  that  each  and  ever}'  scholar  may  set  up 
his  own  conscience  as  over  and  above  the  law.  It 
is  a  claim  of  an  exemption  from  a  general  law  be- 
cause it  may  conflict  with  the  particular  conscience. ' 
*  *  "The  claim,  so  far  as  it  may  rest  on 
conscience,  is  a  claim  to  annul  any  regulation  of  the 
State  made  by  its  constituted  authorities.  As  a 
right  existing  on  the  part  of  one  child  it  is  equally 
a  right  belonging  to  all.  As  it  relates  to  one  book, 
so  it  ma)-  apply  to  another — whether  relating  to 
conscience  or  to  morals."  Donahoe  vs.  Richards, 
38  Me.,  379. 

In  1880,  the  Supreme  Court  of  Illinois  rendered  a 
decision  that  conforms  to  the  principles  laid  down 
in  the  Maine  case.  This  case,  in  accordance  with 
the  weight  of  authority,  also  decides  that  when 
school  officers  act  honestly  and  in  good  faith,  and 
in  the  discharge  of  their  duty,  expel  a  pupil 
from  school,  using  the  discretion  and  judgment 
vested  in  them  by  statute,  then  they  act  judicially, 
and  are  not  liable  to  pupils  or  parents  for  such  ex- 
pulsion, or  other  similar  acts. 

The  action  was  one  of  trespass  on  the  case  brought 
against  the  teacher  and  directors  of  a  school  for  the 
expulsion  of  a  pupil.  The  board  had  adopted  a  rule 
permitting  the  teacher  to  open  school  each  morn- 
ing   by     reading   from   the   King    James   transla- 


USE  OF  THE  BIBLE  IN  THE  SCHOOL  ROOM.      1 39 

tion  of  the  Bible,  not  to  exceed  fifteen  minutes. 
The  rule  did  not  require  the  pupils  to  take  part  in 
the  reading,  but  all  pupils  were  required  to  lay 
aside  their  work  and  remain  quiet  while  the  exer- 
cise continued.  The  plaintiff  in  the  case,  a  Catholic 
boy,  refused  to  so  lay  aside  his  books,  and  was  sus- 
pended from  the  school  until  he  should  express  a 
willingness  to  comply  with  the  rule. 

The  school  law  of  Illinois,  like  that  of  this  State, 
requires  the  school  board  "to  adopt  and  enforce  all 
needful  rules  and  regulations  for  the  management 
and  government  of  schools;"  and  also  "to  direct 
what  branches  of  study  shall  be  taught,  and  what 
text-books  and  apparatus  shall  be  used." 

In  the  course  of  the  opinion,  Judge  Pillsbury, 
says:  "What  rules  and  regulations  will  best  pro- 
mote the  interests  of  the  school  under  their  imme- 
diate control,  and  what  branches  shall  be  taught 
and  what  text-books  shall  be  used,  are  matters  left 
to  the  determination  of  the  directors,  and  must  be 
settled  by  them  from  the  best  lights  they  can  ob- 
tain from  any  source,  keeping  always  in  view  the 
highest  good  of  the  whole  school. 

' '  Good  order  can  only  be  obtained  by  enforcing 
discipline,  and  this  power  is  largely  committed  to 
the  directors.  They  have  the  power  of  suspension 
or  expulsion  from  the  benefits  and  privileges  of  the 
school  for  what  is  considered  'incorrigible  bad  con- 
duct' and  this  implies  discretion  and  deliberation  on 
the  part  of  the  directors,  or,  as  it  is  sometimes  ex- 


140    USE  OF  THE  BIBLE  IN  THE  SCHOOL  ROOM. 

pressed,  they  act  judicially  in  a  matter  involving 
discretion  in  relation  to  the  duties  of  their  office.' 

McCormick  vs.  Burt,  95  111.,  263. 

See  also  Bd.  of  Ed.  of  Cincinnati  vs.  Minor,  23 
Ohio,  St.,  211. 


The  principles  enunciated  in  these  cases  clearly 
indicate  that  where  the  statute  vests  the  power  to 
select  and  adopt  books  to  be  used  by  the  school, 
and  to  make  necessary  rules  for  its  management 
and  government,  such  authority  includes  the  power 
to  require  the  use  of  any  version  of  the  Bible,  Catho- 
lic or  Protestant,  and  also  of  the  Lord's  Prayer,  as  a 
general  exercise  by  the  teacher  of  pupils. 

But  while  the  weight  of  authority  sustains  this 
view  of  the  case,  there  are  doubtless  many  instances 
where  the  enforcement  of  the  principles  laid  down 
must  directly  conflict  with  the  religious  principles 
of  a  large  number  of  the  pupils  and  patrons  of  the 
school.  These,  perhaps,  have  been  taught  to  be- 
lieve and  really  feel  that  they  are  committing  sin 
by  taking  part  in  any  such  exercises.  It  is  contrary 
to  what  they  believe  to  be  right.  There  has  been 
such  a  training  of  conscience  that  such  an  act  actu- 
ally causes  distress  of  mind. 

What  good  can  possibly  come  to  such  a  person  by 
compelling  him  to  take  part  in  reading  what  he  may 
believe  to  be  untrue;  or,  perhaps,  to  pray  in  a  man- 
ner different  from  that  in  which  his  own  free  will 
and  conscience  would  lead  him? 


USE  OF  THE  BIBLE  IN  THE  SCHOOL  ROOM.      141 

It  is  admitted  that,  in  accordance  with  the  rulings 
of  courts  of  last  resort,  a  school  board  may  require 
Catholic  children  to  read  from  the  Protestant  ver- 
sion of  the  Bible;  Protestant  children  to  read  from 
the  Catholic  version;  or  Jewish  children  from  either 
of  these,  such  reading  to  be  conducted  without  note 
or  comment  on  the  part  of  the  teacher. 

But  the  real  question  to  be  considered  is,  will 
the  children,  to  whom  such  reading  or  prayers  may 
be  obnoxious,  be  benefited  thereby?  And  will 
such  an  exercise  become  beneficial  to  the  school, 
the  members  of  which  are  of  different  shades  of  re- 
ligious belief? 

It  is  quite  evident  that  these  questions  must  be 
answered  in  the  negative;  and  that,  in  communities 
where  such  a  state  of  affairs  exists,  it  is  unwise, 
unjust,  and  repugnant  to  a  sense  of  fairness  and  a 
just  regard  for  the  rights  of  others  to  compel  them 
to  take  part  in  these  exercises  or  be  deprived. of  the 
benefits  of  the  school. 

Although  these  views  do  not  accord  with  the 
expressed  opinions  of  courts,  they  are  supported  hy 
authority  that  is  quite  as  likely  to  be  right  in  mat- 
ters pertaining  to  the  management  of  schools. 

The  laws  of  the  State  of  New  York  require  all 
controversies  pertaining  to  the  discipline  of  pupils 
and  control  of  schools  to  be  decided,  upon  appeal, 
by  the  State  Superintendent  of  Common  Schools. 
The  following  is  an  extract  from  an  opinion  by 
Superintendent  John  C.  Spencer: 


142     USE  OF  THE  BIBEE  IN  THE  SCHOOE  ROOM. 

*  *  "Prayers  cannot  form  any  part  of  the 
school  exercises,  or  be  regulated  by  the  school 
discipline."  *  *  "But  neither  they  (parents) 
nor  the  teacher  have  any  authority  to  compel  the 
children  of  other  parents  who  object  to  the  practice 
from  dislike  of  the  individual  or  his  creed,  or  from 
any  other  cause,  to  unite  in  such  prayers." 

"And,  on  the  other  hand,  the  latter  have  no 
right  to  obstruct  the  former,  in  the  discharge  of 
what  they  deem  a  sacred  duty.  Both  parties  have 
rights;  and  it  is  only  by  a  mutual  and  reciprocal 
regard  by  each  to  the  rights  of  the  other  that  peace 
can  be  maintained  or  a  school  can  flourish." 

"The  teacher  may  assemble  in  his  room  before 
nine  o'clock  the  children  of  those  parents  who  de- 
sire him  to  conduct  their  religious  exercises  for 
them;  and  the  children  of  those  who  object  to  the 
practice  wall  be  allowed  to  retire  or  absent  them- 
selves from  the  room.  If  they  persist  in  remaining 
there,  they  must  conduct  themselves  with  decorum 
and  propriety  becoming  the  occasion.  If  they  do 
not  do  so  they  may  be  dealt  with  as  intruders." 

Subsequent  to  the  rendering  of  this  decision  a 
teacher  required  a  Catholic  boy  to  read  from  the 
Protestant  Testament.  To  this  he  objected  on  the 
ground  that  he  did  not  believe  in  the  teaching  of 
any  but  the  Catholic  Bible.  The  teacher  then  re- 
ferred the  matter  to  the  trustees  of  the  school,  and 
thereafter  again  required  him  to  read.  He  again 
objected  on  the  ground  of   "his  unwillingness  to 


USE  OF  THE  BIBLE  IN  THE  SCHOOL  ROOM.     1 43 

disobey  the  orders  of  his  parents  and  the   precepts 
of  his  religion." 

Upon  such  refusal  the  teacher  first  chastised  him 
with  a  ferule  and  then  expelled  him  from  the 
school.  The  boy  then  appealed  to  State  Superin- 
tendent, Henry  S.  Randall,  who,  in  the  course  of 
his  opinion,  makes  use  of  the  following:  "I  believe 
that  they  (the  Scriptures)  may,  as  a  matter  of  right, 
be  read  as  a  class  book  by  those  whose  parents  de- 
sire it.  But  I  am  clearly  of  the  opinion  that  the 
reading  of  no  version  of  them  can  be  forced  on  those 
whose  conscience  and  religion  object  to  such  ver- 
sion." 

In  accordance  with  these  and  other  decisions  it 
may  be  stated  that  the  law  on  this  point  is  well 
settled  in  New  York;  and  that  pupils  cannot  be 
compelled  to  take  part  in  or  to  attend  any  religious 
exercises  during  school  hours,  and  we  conclude  that 
the  decisions  are  based  upon  sound  principles. 

Undoubtedly  the  correct  moral  training  of  pupils 
is  as  essential  as  mental  culture,  and  in  all  cases 
they  may  be  benefited  by  the  correct  presentation 
of  moral  incentives.  In  many  instances  this  may 
be  accomplished  by  the  reading  of  such  selections 
from  the  Bible  as  will  train  pupils  to  respect  truth 
and  the  rights  of  their  fellows.  But  in  all  cases 
when  such  a  course  will  create  contention  and  dis- 
order in  the  school,  other  means  should  be  employ- 
ed to  secure  the  same  results ;  and  in  no  case  should 
a  pupil  be  compelled  to  take  part  in  the  reading  of 


144  CORPORAL    PUNISHMENT. 

the  Bible,  or  the  repeating  of  prayers,  if  he  objects 
because  of  religious  scruples. 

CORPORAL   PUNISHMENT. 

Although  corporal  punishment  is  less  severe  in 
its  consequences  than  expulsion,  it  should  not  be 
resorted  to  until  other  means  have  been  faithfully 
tried,  and  these  have  failed  to  secure  the  obedience 
of  the   pupil  to  reasonable  requests  or  commands. 

But  when  such  means  have  failed,  or  when  it 
becomes  necessary  to  resort  to  the  use  of  the  rod  to 
secure  a  proper  discipline  of  the  school,  the  teacher 
has  the  legal  right  to  do  so. 

This  right  does  not  exist  because  of  statutory 
enactments,  but  it  is  an  inherent  right  that  pertains 
to  his  office  as  teacher.  He  acts,  for  the  time  being, 
in  loco  pare?itis,  and  because  of  this  he  is  given  the 
same  right  to  punish  that  a  parent  has;  but  all 
such  punishment  must  be  reasonable  and  for  good 
cause;  otherwise  the  teacher  becomes  liable  for 
damages,  or  may  be  called  upon  to  answer  to  a 
criminal  charge  for  an  assault  and  battery. 

It  is  highly  probable  that  the  tendency  of  modern 
opinion  is  against  anything  that  savors  of  im- 
moderate or  cruel  punishment,  and  in  some  locali- 
ties against  permitting  corporal  punishment  in  any 
form.  Regarding  this,  Judge  Cooley,  in  his  Com- 
mentaries on  Blackstone,  says:  "It  may  be  proper 
to  observe,  however,  that  public  sentiment  does  not 
tolerate  corporal  punishment  of  pupils  in  schools  as 


CORPORAL    PUNISHMENT.  1 45 

was  formerly  thought  permissible,    and  even  neces- 
sary." 

It  is  also  a  notable  fact  that  the  successful  teacher 
of  experience  resorts  to  corporal  punishment  much 
less  frequently  than  he  did  during  the  early  years 
of  his  work.  It  is  probable  that  this  is  due  to  the 
fact  that  his  experience  has  taught  him  that  proper 
management  will  avoid  the  necessity  of  such  pun- 
ishment in  a  great  majority  of  cases  where  it  is 
used;  and  that  tact  and  kindness  overcome  many  of 
the  perplexing  obstacles  that  are  met  in  the  school- 
room. 

So  long  as  the  teacher  can  avoid  the  use  of  the 
rod  and  maintain  his  authority  and  reasonably  good 
order  he  should  do  so.  But  it  would  be  folly  for 
the  teacher  to  announce  that  he  would  not  resort  to 
to  this  mode  of  punishment  in  any  case,  or  for  a 
school  board  to  deprive  the  teacher  of  this  right. 
Such  a  course  will  frequently  occasion  trouble  that 
would  not  otherwise  arise.  There  are  pupils  who 
will  conduct  themselves  in  a  more  becoming  man- 
ner if  they  fully  understand  that  the  teacher  will 
inflict  corporal  punishment  in  cases  that  may  re- 
quire it. 

The  Supreme  Court  of  North  Carolina  has  ren- 
dered a  decision  that  fully  defines  the  extent  of  the 
teacher's  authority  in  inflicting  corporal  punish- 
ment. This  opinion  is  one  of  the  ablest  yet  written 
on  the  subject.  It  was  delivered  by  Judge  Easton, 
who  in  the  course  of  the  opinion  said:     "It  is  not 


146 


CORPORAL   PUNISHMENT. 


easy  to  state  with  precision  the  power  which  the 
law  grants  to  school-masters  and  teachers  with 
respect  to  the  correction  of  their  pupils.  It  is  anal- 
ogous to  that  which  belongs  to  parents,  and  the 
authority  of  the  teacher  is  regarded  as  a  delegation 
of  parental  authority." 

"One  of  the  most  sacred  duties  of  parents  is  to 
train  up  and  qualify  their  children  for  becoming 
useful  and  virtuous  members  of  society;  this  duty 
cannot  be  effectually  performed  without  the  ability 
to  command  obedience,  to  control  stubbornness,  to 
quicken  diligence,  and  to  reform  bad  habits;  and  to 
enable  him  to  exercise  this  salutary  sway  he  is 
armed  with  the  power  to  administer  moderate  cor- 
rection, when  he  shall  believe  it  to  be  just  and 
necessary." 

"The  teacher  is  the  substitute  of  the  parent;  is 
charged  in  part  with  the  performance  of  his  duties, 
and  in  the  exercise  of  those  delegated  duties  is  in- 
vested with  his  power." 

''The  law  has  not  undertaken  to  prescribe  stated 
punishments  for  particular  offenses,  but  has  con- 
tented itself  with  the  general  grant  of  the  power  of 
moderate  correction,  and  has  confined  the  gradation 
of  punishments,  within  limits  of  this  grant,  to  the 
discretion  of  the  teacher." 

"The  line  which  separates  moderate  correction 
from  immoderate  punishment  can  only  be  ascer- 
tained by  reference  to  general  principles.    The  wel- 


CORPORAL   PUNISHMENT.  1 47 

fare  of  the  child  is  the  main  purpose  for  which  pain 
is  permitted  to  be  inflicted." 

"Any  punishment,  therefore,  which  may  seriously 
endanger  life,  limbs,  or  health,  or  shall  disfigure 
the  child,  or  cause  any  other  permanent  injury, 
may  be  pronounced  in  itself  immoderate,  as  not 
only  being  unnecessary  for,  but  inconsistent  with, 
the  purpose  for  which  correction  is  authorized." 

"But  any  correction,  however  severe,  which  pro- 
duces temporary  pain  only,  and  no  permanent  ill, 
cannot  be  so  pronounced,  since  it  may  have  been 
necessary  for  the  reformation  of  the  child,  and  does 
not  injuriously  affect  his  future  welfare." 

"We  hold,  therefore,  that  it  may  be  laid  down  as 
a  general  rule,  that  teachers  exceed  the  limits  of 
their  authority  when  they  cause  lasting  mischief ; 
but  act  within  the  limits  of  it  when  they  inflict 
temporary  pain  only." 

State  vs.  Pendergrass,  2  Dev.  &  Batt.,  365. 

Although  this  case  contains  a  general  rule  for 
determining  liability,  each  case  must  necessarily  be 
decided  in  accordance  with  the  circumstances  sur- 
rounding it.  What  might  justify  a  teacher  in  one 
case  would  not  in  another,  but  in  all  cases  there 
must  be  no  unreasonable  violence,  and  the  punish- 
ment must  be  administered  without  malice  and  for 
the  sole  purpose  of  maintaining  the  teacher's  au- 
thority and  good  order  in  the  school-room. 

4  Gray,  Mass.,  36. 

14  Johns.,  Ind.,  119. 


148  CORPORAL    PUNISHMENT. 

The  objects  for  which  the  punishment  of  pupils 
is  permitted  has  been  admirably  stated  by  a  Circuit 
Judge  of  Iowa,  and  commented  upon  by  the  Supreme 
Court  of  that  State.  It  is  as  follows:  "The  legal 
objects  and  purposes  of  punishment  in  schools  are 
like  the  objects  and  purposes  of  the  State  in 
punishing  the  citizen.     They  are  three-fold: 

1.  "The  reformation  and  highest  good  of  the 
pupil." 

2.  "The  enforcement  and  maintenance  of  correct 
discipline  in  school." 

3.  "As  an  example  to  like  evil  doers." 

'  'And  in  no  case  can  the  punishment  be  justifiable 
unless  it  be  inflicted  for  some  definite  offense  or 
offenses  which  the  pupil  has  committed,  and  the 
pupil  is  given  to  understand  he  or  she  is  being 
punished  for." 

*  *  "It  does  not  require  the  teacher  to 
state  to  the  pupil  in  clear  and  distinct  terms  the 
offense  for  which  he  or  she  is  being  punished.  It 
only  requires  that  the  pupil  as  a  reasonable  being, 
should  understand  from  what  occurs  for  what  the 
punishment  is  inflicted." 

State  vs.  Mizner,  50  Iowa,  145. 

Courts  have  held  that  all  persons  who  attend 
school  are  subject  to  the  rules  thereof,  and  that  a 
teacher  would  not  be  liable  for  punishing  a  disobe- 
dient pupil  who  is  more  than  twenty-one  years  of 
age,  if  the  circumstances  of  the  case  justify  it. 

Stevens  vs.  Fasset,  27  Me.,  266. 


CORPORAL    PUNISHMENT.  1 49 

The  following  extracts  from  an  opinion  by  the 
Supreme  Court  of  Indiana  contain  much  to  com- 
mend it  to  the  careful  consideration  of  the  profes- 
sion. 

"The  law  still  tolerates  corporal  punishment  in 
the  school-room.  The  authorities  are  all  that  way, 
and  the  legislature  has  not  thought  proper  to  inter- 
fere. The  public  seem  to  cling  to  a  despotism  in 
the  government  of  schools  which  has  been  discard- 
ed everywhere  else.  Whether  such  training  be 
congenial  to  our  institutions,  and  favorable  to  the 
development  of  the  future  man,  is  worthy  of  serious 
consideration,  though  not  for  us  to  discuss." 

"In  one  respect  the  tendency  of  the  rod  is  so 
evidently  evil  that  it  might  perhaps  be  arrested  on 
the  ground  of  public  policy.  The  practice  has  an 
inherent  proneness  to  abuse.  The  very  act  of  whip- 
ping engenders  passion,  and  very  generally  leads  to 
excess.  Where  one  or  two  stripes  were  first  intend- 
ed, several  usually  follow,  each  increasing  in  vigor 
as  the  act  of  striking  inflames  the  passions.  This 
is  a  matter  of  daily  observation  and  experience." 

"Hence  the  spirit  of  the  law  is,  and  the  leaning 
of  the  courts  should  be,  to  discountenance  a  practice 
which  tends  to  excite  human  passions  to  heated  and 
excessive  action,  ending  in  abuse  and  breaches  of 
the  peace." 

"Such  a  system  of  petty  tyranny  cannot  be 
watched  too  cautiously,  nor  guarded  too  strictly. 
The  tender   age    of    the   sufferers   forbids   that  its 


150  CORPORAL   PUNISHMENT. 

slightest  abuses  should  be  tolerated.  So  long  as 
the  power  to  punish  corporally  in  school  exists,  it 
needs  to  be  put  under  wholesome  restriction." 

"Teachers  should,  therefore,  understand  that 
whenever  correction  is  administered  in  anger  or  in- 
solence, or  in  an}'  other  manner  than  moderation 
and  kindness,  accompanied  with  that  affectionate 
moral  suasion  so  eminently  due  from  one  placed  by 
the  law  in  loco  parentis — in  the  sacred  relation  of 
parent — the  courts  must  consider  them  guilt}'  of 
assault  and  battery." 

"All  that  can  be  done  without  the  aid  of  legisla- 
tion is  to  hold  each  case  strictly  within  the  rule; 
and  if  the  correction  be  in  anger,  or  in  any  other 
respect  immoderately  or  improperly  administered, 
to  hold  the  unworthy  perpetrator  guilty  of  assault 
and  battery." 

Cooper  vs.  Mcjudkin,  4  Ind.,  291. 

The  above  case  is  one  of  the  strongest  in  indicat- 
ing the  tendency  of  modern  decisions,  and,  in 
keeping  with  this,  it  may  be  noted  that  the  statutes 
of  New  Jersey  provide  that  "No  teacher  shall  be 
permitted  to  inflict  corporal  punishment  upon  any 
child  in  any  school  in  this  State. ' ' 

SUSPENSION  AND  EXPULSION. 

The  district  board  is  given  power  to  authorize 
the  suspension  or  expulsion  of  any  pupil  whenever 
the  best  interests  of  the  school  may  demand  it. 
What  circumstances  will  warrant  the  suspension  of 


SUSPENSION   AND   EXPULSION.  151 

a  pupil  or  the  extreme  penalty  of  expulsion  is  left 
to  the  judgment  of  the  board.  But  the  entire  man- 
agement of  the  school  is  so  often  left  to  the  teacher 
that  it  sometimes  occurs  that  he  is  forced  to  sus- 
pend a  pupil,  for  the  time  being,  without  consulting 
the  board. 

If  an  obstinate  or  unmanageable  pupil  should  re- 
fuse to  obey  reasonable  requests  or  commands  of 
the  teacher  and  so  conduct  himself  as  to  impair 
the  usefulness  of  the  teacher  and  disturb  the  school, 
he  would  be  justified  in  suspending  him  even 
though  the  board  had  adopted  no  rule  giving  him 
authority  to  do  so. 

As  a  general  rule  the  teacher  should  first  report 
such  a  case  to  the  board,  but  if  the  offending  pupil 
is  so  refractory  and  incorrigible  that  his  presence, 
even  for  a  short  time  is  detrimental  to  the  interests 
of  the  teacher  and  other  pupils,  then  the  teacher 
may  suspend  without  waiting  for  action  on  the  part 
of  the  school-board.  In  case  this  is  done  the  teacher 
should  immediately  report  his  action  and  give  his 
reasons  for  the  suspension.  Inasmuch  as  the 
teacher  can  usually  communicate  with  members  of 
the  school  board  without  much  inconvenience  it 
will  seldom  become  necessary  to  suspend  a  pupil 
before  reporting  the  case  for  the  action  of  proper 
officials.  These  principles  are  fully  discussed  in 
The  State  vs.  Burton,  45  Wis.,  150.  See  also  32 
Vt.,  224;  48  Cal.,  36;  133  Mass.,  103. 

The  expulsion   of  a   pupil   from  school   is   un- 


152  SUSPENSION   AND   EXPULSION. 

doubtedly  the  most  severe  penalty  that  can  be 
visited  upon  him.  The  State  has  assumed  the  duty 
of  furnishing  each  of  her  citizens  with  a  good  com- 
mon school  education,  and  has  not  merely  fur- 
nished the  means  whereby  all  who  will  may  be 
educated  in  free  schools,  but  has  also  enacted  com- 
pulsory laws  which  require  that  all  children  shall 
become  so  educated  as  to  perform  the  duties  re- 
quired by  good  citizenship.  Thus  the  education  of 
the  child  becomes  a  matter  of  importance  to  the 
State;  and  any  act  that  tends  to  deprive  him  of 
such  training  as  he  would  naturally  receive  may  be- 
come a  serious  obstacle  to  him  in  future  years  as 
well  as  a  deep  disgrace  at  the  time  of  expulsion. 

For  these  reasons,  this  penalty  should  be  one  of 
last  resort,  and  should  be  used  only  when  all  other 
means  have  failed  and  the  conduct  and  example  of 
the  pupil  are  of  such  a  character  as  to  create  dis- 
order and  become  a  menace  to  the  discipline  and 
well-being  of  other  pupils. 

It  has  been  held  by  some  courts  that  in  extra- 
ordinary cases  a  teacher  may  expel  in  order  to 
maintain  order  and  proper  control  of  his  school;  and 
that  in  case  the  school  board  refuses  to  sustain  him 
in  this  action,  and  reinstates  the  pupil  whose  pres- 
ence becomes  a  menace  to  a  proper  discipline  of  the 
school,  then  he  may  quit  the  school  and  can  main- 
tain an  action  for  the  amount  of  his  wages  up  to 
the  time  of  leaving. 

Scott  vs.  School  Dist.,  No.  2,  46  Vt.,  452. 


TIME   OF   SUSPENSION.  1 53 

The  State  vs.  Williams,  27  Vt.,  755. 

But  this  is  not  the  general  rule,  for  the  courts 
have  very  generally  held  that  the  power  to  expel 
rests  with  the  school  board  alone,  and  that  the 
teacher  has  merely  the  right  to  suspend  until 
further  action  on  the  part  of  such  board. 

LENGTH   OF   TIME  SUSPENSION   MAY  BE   ENFOBCED. 

Our  statutes  are  silent  on  this  point  and  conse- 
quently the  matter  rests  with  the  school  board. 
The  rule  laid  down  and  very  generally  followed  by 
the  courts  requires  that  the  pupil  shall  give  satis- 
factory evidence  of  repentance  for  past  misconduct 
and  a  sincere  promise  of  good  behavior  in  the 
future.  Whenever  this  is  done  it  undoubtedly  be- 
comes the  duty  of  the  school  board  to  re-admit  him 
to  the  privileges  of  the  school;  for  these  privileges 
are  the  inherent  rights  of  all  pupils  of  school  age, 
and  no  school  board  would  be  justified  in  depriving 
them  of  such  rights  except  upon  continuation  of 
the  causes  that  led  to  expulsion  in  the  first  instance. 

A  case  decided  by  the  State  Commissioner  of 
Public  Schools  of  Rhode  Island,  by  whom  cases 
pertaining  to  the  management  of  schools  are  de- 
cided on  appeal,  sustains  these  views.  A  pupil  re- 
sisted the  principal  of  the  Woonsocket  High  Schools 
and  refused  to  be  governed  by  him.  For  this  of- 
fense he  was  suspended  by  the  teacher.  The 
matter  was  referred  to  the  school  board  who  sus- 
tained the  teacher  in  his  action,   but  voted  to  im- 


154  TIME    OF   SUSPENSION. 

mediately  and  unconditionally  re-admit  the  pupil. 

The  teacher  appealed  from  this  decision  to  the  State 

Commissioner  who   declared  the  act  of  the  school 

board  null  and  void  because   the  re-admission  of  a 

pupil  without  acknowledgment  of  wrong,  repentance, 

or  promise  of  better  conduct  in  the  future  tends  to 

destroy  the  discipline  of  the  school  and  usefulness 

of  the  teacher.     The  following  is  a  portion  of  the 

opinion: 

"No    punishment  has    yet  been  inflicted  for  the 

offense  committed,  save  that  indirectly  following 
the  publicity  of  suspension  from  school;  and  so  far 
as  the  vote  of  the  committee  extends,  there  has  been 
no  requirement  made  which  secures  to  the  govern- 
ing power  of  the  school  the  recognition  of  the  vio- 
lation of  law,  or  a  proper  pledge  of  future  obedi- 
ence. If  the  scholar  so  disobeying  be  allowed  to 
return  to  the  school  room  without  such  acknowl- 
edgment of  wrong,  or  promise  of  future  obedience, 
the  discipline  of  the  school  would  instantly  be  de- 
graded to  the  position  occupied  by  the  offender, 
and  to  a  state  of  discord  in  harmony  with  the 
offense.  On  the  other  hand,  the  recognition,  on 
the  part  of  the  offender,  of  the  offense  committed, 
as  well  as  an  acknowledgment  of  the  authority  of 
the  teacher  to  regulate  the  internal  police  of  his 
school,  with  a  pledge  of  future  obedience,  not  only 
honors  proper  and  legitimate  government  and  estab- 
lishes it  upon  a  proper  basis,  but  it  also  honors  the 
instinctive   regard    for   truth,    virtue,    and    correct 


TIME   OF   SUSPENSION.  1 55 


deportment  on  the  part  of  those  who  may  have 
fallen  into  fault,  perhaps  hastily  and  thoughtlessly. 
Upon  this  view  of  the  case  stands  the  whole  ques- 
tion of  good  government  and  discipline  at  home  or 
at  school." 

"If  the  parent  or  teacher  be  at  once  deprived  of 
the  power  of  judging  of  the  value  of  an  offense, 
from  its  intrinsic  character  and  its  attendant  cir- 
cumstances, and  also  of  the  power  to  administer 
merited  punishment  for  offenses,  as  well  as  of  the 
granting  of  pardon  and  forgiveness  on  the  ground 
of  true  reformation,  the  whole  foundation  and  super- 
structure of  disciplinary  government  are  thrown 
down,  and  misrule  must  and  will  prevail.'1 

"The  wise  and  judicious  teacher  is  jealous  of  his 
true  rights  and  perogatives,  and  is  the  best  judge 
as  to  the  influences  of  the  school  room,  which  help 
on  the  one  hand  to  maintain,  and  on  the  other  to 
subvert,  good  government.  The  look  and  the  ges- 
ture may  mean  more  of  good  or  ill  than  the  word 
and  the  act;  and  it  would  not  tend  to  the  welfare  cf 
our  schools,  or  to  the  support  and  dignity  of  home 
or  school  government,  to  subject  every  act  of  the 
teacher  or  the  parent  to  the  severe  tests  of  legal 
scrutiny,  or  the  partisan  attacks  of  interested  coun- 
selors. *  *  I  am  forced  to  the  conclusion  that 
it  would  not  be  for  the  welfare  of  the  schools  to 
allow  this  vote  to  be  carried  into  effect,  and  I 
therefore  declare  said  vote  to  be  null  and  void.' 


IHSTIDE:^. 


PAGE. 

AGRICULTURAL    COLLEGE. 

Trust   Fund  for, 15 

How  Originated, 33 

Established, 34 

Lands  for, 34 

College  Farm 35 

How  Controlled 35 

Labor   by    Students, 36 

Instruction  at, 36 

First  in  the    Union, 37 

ANNUAL  SCHOOL  MEETING. 
[See  Meetings.) 

ASSESSOR. 
{See  District  Board.) 

ABSENCE. 

On  Church  Holy  Days, 109-115 

On  School  Days, 115-120 

ACTS  OF  PUPILS  COMMITTED  OUT  OF 

SCHOOL. 

Teacher's  Authority  Over, 120-124 

Decisions  Relating  to,  ....    , 121 

BOARDING  AROUND. 

During  Territorial  Period, 22 

Bill  of  Fara, 23 

The  Settler's  Home, 23 

Recreations 25 

Early  Farms 25 


ii.  INDEX. 

PAGE. 

BOARD  OF   REGENTS. 

During  Territorial  Period, 4° 

Constitutional  Provision  for, 62 

To  Control  the  University, 62 

When  Elected, ....  62 

To  Elect  a  President  of  the  University, 62 

BIBLE. 

School  Board  to  Control  the   Use  of, 1^-144 

Constitutional  Rights, 135 

The  Ri^ht  to  Compel  its  use    Denied, 140 

BOARD  OF  SCHOOL  INSPECTORS. 

{See  Township  Board  of  School  Inspectors.} 

BOARD  OF  EXAMINERS. 

How  Composed, 94 

Election  of  Members  of, 94 

Term  of  Office, 94 

Duties  of, 94 

Secretary  of, 95 

Removal  of  Members  of, 95 

COLLEGES. 

{See  Denominational  and  Private  Schools  and  Colleges.) 

CERTIFICATES. 

Grades  of,  When  Granted, 80 

Branches  Required, 79 

To  Whom    Granted, 80 

Special  Certificates, 80 

Revocation  and  Suspension  of, 80 

Indorsement   of, 81 

Normal   School   Certificates, 82 

State  Certificates, 83 

COMPULSORY    EDUCATION. 

{See  Reform  School  for  Boys  and  Industrial  Home 

for  Girls.) 


INDEX.  iii. 

PAGE. 

CONTRACTS. 

With  Teachers, 84 

Director  to  Sign, 84 

Must  be  in  Writing, •. 84,  104 

Contents  of, 84 

With  an  Unqualified  Teacher, 84 

To  Commence  in  futuro, 85,  106 

Ratification  of  Void  Contract  by  Acts  of  Board  .     .  86,  104 

Effect   of  Statutes  on, 104 

Made  Without  Meeting  of  District  Board 104 

To  Mention  Time  of  Duration, 105 

Contracts  of  Minors, 107 

CORPORAL  PUNISHMENT. 

When  to  be  Resorted  to, 144 

Decisions  Relating  to, 145-150 

Degree  of  Punishment, 147 

Objects  of  Punishment, 148 

Its  Use  Condemned, 149 

DENOMINATIONAL  AND   PRIVATE 
SCHOOLS  AND  COLLEGES. 

Legislative  Provision  for, 55 

list  of, 55 

Visitation  of, 56 

DISTRICTS. 

{See  School  District.) 

DIRECTOR. 

To  Notice  School  Meetings, 66 

Executive  Officer  of  the  District, ' .  69 

Term  of  Office, 69 

To  Take  School  Census, 72 

DISTRICT  BOARD. 

To  Call  Special  Meeting, 66 


iv.  INDEX. 

PAGE. 

How  Composed, 69 

Who  May  Become  a  Member  of, 70 

Members  Cannot  Act  as  Agents  for  Books,  Apparatus, 

etc., 70 

To  Make  Rules  for  the  Government  of  the  School,    .    .  71 

To  Specify  Studies, 71 

To  Adopt  Text-Books 71 

May  Open  School  House  for  District  Meetings,  ....  72 

Cannot  Maintain   Sectarian  Schools, 72 

To  Contract  With  Teachers 84 

Majority  of  May  Act, 70 

EXAMINATIONS. 

Regular,   When    Held, 78 

Special  Examinations, 79 

Notice  for, 79 

Questions  for, 79 

EXPULSION. 

{See  Suspension   and  Expulsion.} 

FREE  SCHOOLS. 

Opposition  to, 28 

Constitutional  Provision  for, 29,  61 

Benefits  of, 30 

Instruction  in   English, 61 

FREE   TEXT-BOOKS. 

Meeting  to   Secure, 91 

Who  May  Vote  for, 91 

Tax  to  Purchase, 91 

List  of  Books, 91 

Who  May  Own  Books, 92 

How  Books  are  Purchased, 92 

Fine  for  Violating  the  Law, 93 

GRADED  SCHOOLS. 

Definition  of, 89 


INDEX.  V. 

PAGE. 
How  Controlled, 89 

HOLIDAYS. 
For  Teachers, 85 

INDUSTRIAL  HOME  FOR  GIRLS. 

When  Established, 5° 

Who  May  Become  Inmates  of,  . 51 

How  Managed, 51 

Where  Located, 5r 

Age  of  Inmates, 51 

Course  of  Instruction, 51 

Truants  From  School  Placed  in, 96 

INSTITUTE  FEES. 

When  Collected, 83 

Amount  of, 83 

Who  Must  Pay, 83 

Use  of, 83 

IRREGULAR  ATTENDANCE  AND 
TARDINESS. 

Detrimental  to  Schools, 115 

Decisions  Relating  to, 1 16-120 

JANITOR  WORK. 
Cannot  be  Required  of  Teacher, 107 

LIBRARIES. 

Constitutional  Provision  for, 76 

Who  May  Use, 76 

By  Whom   Controlled, 76 

District  Library, 76 

List  of  Books  for, 76 

How  Supported, •    •  77 

MICHIGAN. 

Organized  as  a  Territory, 13 


VI.  INDEX. 

PAGE. 

Admitted  Into  the   Union, 13 

Management  of  School  Lands, 14 

First  to  Establish    an    Agricultural    College, 37 

Appointed  First  Superintendent   of  Public  Instruction,  40 
Established  First  Public  School  for  Dependent  Children,  44 

MEETINGS. 

Annual,  When  Held, 66 

Change  of  Annual  Meeting, 66 

Special,    How  Called, 66 

Powers  of  Voters  at, ' 67 

To  Determine  Amount  of  Schooling, 68 

Public,  Use  of  School  House  for, 72 

MODERATOR. 

{See  District  Board.) 

MONEYS. 

{See  School  Moneys.) 

MICHIGAN   MINING  SCHOOL. 

When  Established, 37 

Where  Located, 37 

Course  of  Instruction, 38 

NORTHWEST  TERRITORY. 

Sale  of   Lands  in, 10 

NORMAL   SCHOOL. 

{See  State  Normal  School.) 

ORDINANCE  OF  1787. 

Provides  for  the  Government  of  the  Northwest  Terri- 
tory,   10 

Reserves  School   Lands,  .    .  11 

Excludes   Slavery, 12 

PRIMARY  SCHOOL  FUNDS. 
How  Obtained, 14 


INDEX.  Vll. 

PAGE. 

When  Divided, ». 87 

How  Used, 89 

PHYSIOLOGY  AND  HYGIENE. 

Text-Books  for, 71 

Who  Must  Study, 71 

PRIVATE  SCHOOLS. 

(See  Denominational  and  Private  Schools  and  Colleges.) 

PUBLIC  SCHOOL  FOR  DEPENDENT 
CHILDREN. 

(See  State  Public  School  for  Dependent  Children.} 

RATE  BILL. 

How   Raised, 26 

Detrimental  to  Schools, 27 

REFORM  SCHOOL  FOR  BOYS. 

Location  of, 47 

Who  May  Become  Inmates  of, 48 

Age  of  Inmates, 49 

Educational  Features  of, 49 

How   Managed, 50 

Proceedings  to  Apprehend  Truants  and  Others,  ....  96 

RULES  AND  REGULATIONS. 

District  Board  to  Make, 71 

Object  of, * 101 

Must  be  Reasonable, 101 

By  Separate  Members  of  the  Board, 102 

Made  by  the  Teacher, 102 

Concerning  Absence  from  School, 109-120 

Concerning  the  Selection  of  Studies, 124-134 

Concerning  the  Use  of  the  Bible, 134-144 

Concerning  Corporal  Punishment, 144-150 

Concerning  Suspension  and  Expulsion 150-155 

SCHOOL   LANDS. 

Origin  of, 10 


Vlll.  INDEX. 

PAGE. 

Sale  of, 17 

Price  of, 17 

Proceeds  of  Sale  of,  How  Used, 61 

SUPERINTENDENT  OF  PUBLIC 

INSTRUCTION. 

John  D.  Pierce, ' 28 

Michigan  Appoints  the  First, 40 

Derivation  of  Power  of, 61 

Election  of, 61 

Vacancy  in  the  Office  of, 61 

Member   of  Board  of  Education, 62 

To  Hold  State  Institute, 83 

To  Apportion  Primary  School  Money, 87 

STUDIES. 

District  Board  to  Specify 71 

Selection  of, 124 

Parent's  Right  to  Select, 127 

Decisions  Relating  to, 124-134 

SCHOOL  MONTH. 

Length  of, 85 

STATE  NORMAL  SCHOOL. 

Origin  of, 31 

How  Controlled, 31 

Courses  in, 32 

Training  School, 32 

Certificates  From, 82 

STATE  BOARD  OF  EDUCATION. 

To  Control  Normal  School, 31,  62 

How  Composed, 62 

Election  of  Members  of, 62 

To  Make  List  of  Library  Books, 76 

To  Grant  Normal   School  Certificates, 82 

To   Grant  State  Certificates, .  83 


INDEX.  ix. 

PAGE. 

STATE  PUBLIC  SCHOOL  FOR  DEPENDENT 

CHILDREN. 

Location  of, 44 

When  Established, 44 

Object  of, 45 

Who  May  Become  Inmates  of, ' 45 

Instruction  Given, 46 

Homes  for  Inmates, 46 

How  Managed, 47 

SCHOOL  FOR  THE  DEAF  AND  DUMB. 

When  Established, 52 

Where    Located, -.    .    .  52 

Instruction  Given, 53 

Employment  of  Inmates, 53 

SCHOOL  FOR  THE  BLIND. 

Origin  of, 53 

Instruction  Given, 54 

Departments  of, 54 

SCHOOL  DISTRICTS. 

Formation  of. 64 

Size  of, 64 

Fractional, 64 

Corporate  Powers  of, ' 65 

How  Altered 65 

To  Raise  Money, 67 

Length  of  Term   for, 68 

Who  May  Attend  School  in, 73 

SCHOOL  MONEYS. 

Primary  School   Money,  ....           87 

One-Mill  Tax, 88 

Dog  Tax, 88 

District  Taxes, 88 

How  Forfeited, 89 


X  INDEX. 

PAGE. 

SCHOOL  YEAR. 

When  to  Commence, 66 

SPECIAL  MEETINGS. 

{See  Meetings. ) 

SCHOOL  MEETINGS. 

{See  Meetings.) 

SALARIES. 

Of  District  Officers, 70 

Of  Secretary  of  Board  of  Examiners, 95 

Of  Other  Members, 95 

SUSPENSION  AND  EXPULSION. 

Authorized  by  District  Board, 71,  150 

When  Teacher  May  Suspend, 151 

Length  of  Time  of  Suspension, 153 

Decisions  Concerning, ^o-iSS 

TERRITORY  OF  INDIANA. 

Divisions  of, 13 

TRUST  FUNDS. 

Classes  of, 14 

Are  Perpetual, 16 

How  Increased, 16 

TERRITORIAL  SCHOOLS. 

Description  of, 19-30 

Branches  Taught  in, 20 

Wages  Paid, 20 

Holidays, 22 

Homes  of  Pupils, 23 

Recreation, 25 


INDEX.  xi. 

PAGE. 

TOWNSHIP  BOARD    OF  SCHOOL 
INSPECTORS. 

To  Form  New  Districts, 64 

To  Number  Districts, 64 

To  Alter  Districts, 65 

How  Composed, •  .  74 

Election  of  Members, 74 

Powers  and  Duties  of, 74 

Who  May  Become  Members, 74 

To  Elect  a  Chairman, 75 

Duties  of  Chairman  of, 75 

To  Control  Township  Library, 76 

TEACHERS. 

District  Board  to  Hire, 71 

Must  be  Qualified, 71,89 

To  Certify  to  the  Teaching  of  Physiology, '71 

Cannot  Adopt  New   Studies, 71 

Who  Are   Legally  Qualified, 78 

Examination  of, 78 

Revocation  of  Certificates  of, 80 

To  Pay  Institute  Fee, 83 

May  Close  School  to  Attend  an    Institute, 84 

Contracts  with, 84,  103 

Void    Contract  of, 84 

Close  of  School    on    Account  of  Disease, 85 

Garnishment  of  Wages, 85 

Holidays   for, 85 

Sweeping,  Building    Fires,   Etc., 85,  107 

May   Make  Rules  for  School,    .    .    . 102 

Detention  of  Pupils  after  School  Hours 108 

Studies  Selected   by, 124 

Should  Not  Force  Use  of  Bible, 140 

May  Suspend  Pupils, 150 

Expulsion  of  Pupils  by, 15° 

{See  School  Moneys.) 


Xll.  INDEX. 

PAGE. 

TRUANTS. 

Proceedings    to    Apprehend, 96 

TARDINESS. 

{See  Irregular  Attendance  and    Tardiness.) 

UNIVERSITY  OF  MICHIGAN. 

Trust  Fund  for, 15 

Origin  of, 38 

Lands  for, 38 

Constitutional    Provision  for, 39 

Original  Preparatory  Branches    of, 40 

Admission    of    Women  to, 40 

Courses    of  Study, 41 

Buildings    and   Departments, 41 

Who  may  Attend, 42 

President    of,    How    Elected, 62 

How  Controlled, 62 

UNION  SCHOOLS. 

How  Formed, 89 

How  Controlled, 89 

VOTERS. 

At  District    Meetings, 67 

Qualifications    for, 67 

Challenging    of, 67 

Punishment  for  Illegal   Voting, 67 

Powers  of,  at  District  Meetings, 67 

VACANCIES. 

In  District  Board,  How  Filled, 69 

WOMEN. 

Admitted  to  the  University, 40 

May  Become  District  Officers, 70 

May  Become  School  Inspectors, 74 


I 


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